Is F.I.R.against a govt servent need departmental head permission under ipc 419,420,467,468,469,120b
arun prakash dwivedi
(Querist) 03 May 2011
This query is : Resolved
i lodged a f.i.r.against my predecessor officer and three employee under said i.p.c sections on the basis of fact finding report an inquiry committee fact finding report.the committee appointed by chief development officer. those culprits accept their crimes before i.o. charge sheet against culprits submitted in court. but my deptt neither proceed a deptt enquiry against all of them neither they are questioned about their misdeed.but annoying by lodging f.i.r. against those employee my A.C.R.has been declared unsatisfactory by our seniors and chargesheet has been issued to me that why did you lodge f.i.r. against those officer without seeking permission of their appointing authority . my question is 'IS it necessary to seek permission of appointing authority before lodging f.i.r. against any employee ?
Advocate. Arunagiri
(Expert) 03 May 2011
No permissions required for registering FIR. Permissions required only at the time of charge sheet.
Devajyoti Barman
(Expert) 03 May 2011
Yes, sanction is required only for prosecuting not for making complaint.
Guest
(Expert) 04 May 2011
Dear Arun,
Not being controlling authority of your predecessor officer, you were not authorised to lodge a complaint with the police. Based on the Fact Finding Committee Report, you could have referred the case with your recommendations to the controlling authority to forward the same with his comments to the officer's appointing authority for necessary action as per departmental rules.
Since you have acceded your authority, it is a misuse of authority on your part, which is a misconduct of the Government servant. So, you cannot blame the department. Now you just need to defend your own case, besides sending representation against the adverse entry in your ACR.
PS Dhingra
CEO, Dhingra Group of Management & Vigilance Consultants
New Delhi
dcgroup1962@gmail.com
Kiran Kumar
(Expert) 04 May 2011
http://indiankanoon.org/doc/1634320/
visit the above said link, its Parkash Singh Badal's judgment.
the Hon'ble SC has explained the entire law on sanction required for prosecution of public servant.
Raj Kumar Makkad
(Expert) 04 May 2011
I completely agree with Dhingra ji. It seems that you have took action hust for settling score with your predecessor officer. You might be having this general knowledge that officer having similar rank and position holding office subsequently cannot take direct action against him until a sanction/order of higher authorities is received to him.
It is now your term to face.
Sudhir Kumar, Advocate
(Expert) 20 August 2012
You appear to be a Govt employee.
Sanction is required only for prosecution and not merely for filing FIR.
For issuing you a chargehseet a specific order needs to be quoted which you are alleged to have violated.
You are entitled to be defended through a retired/service central/state Gov temployee.
Fior ACR there is seperate procedure for appeal.
Sarvesh Kumar Sharma Advocate
(Expert) 04 May 2011
