Pca 1988

Manoj Deka (Querist) 11 February 2012 This query is : Resolved
Sir,
I have amassed some information through RTI of various Govt. department such as not advertising of tenders, not following various doctrine of SC & HC not following Financial rules and some information about University which did not follow UGC guide line to create a construction committee but 100% value of works increased without proper committee as per UGC norms.

Now I want to sue all those person concern under PCA 1988. will I have to obtain permission form appropriate authority if yes how please inform.

Thanking you in anticipation.

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Sudhir Kumar, Advocate (Expert) 11 February 2012
It it is central or State Govt.

Devajyoti Barman (Expert) 11 February 2012
For initiation of case including taking cognizance of offence previous sanction of the Govt is not necessary.
The sanction is required anytime thereafter but invariably before the commencement of trial.

So you can well proceed with towards registration of FIR and subsequent investigation leading to possible nabbing of the culprits.
Taking sanction is however not the job of the de facto complainant but of the investigating agency or the Prosecution.

Raj Kumar Makkad (Expert) 11 February 2012
In addition to the advice already provided, U an if the view that you should directly go the High Court under PIL and leave the entire matter upon High Court which may constitute a special cell to go in depth of the whole scandals and may direct CBI etc. to lodge FIR and do all actions which you shall individually have to perform.

Shonee Kapoor (Expert) 11 February 2012
It is very rare for PSUs to flout all and such rules. They do follow rules even if for namesake.

However, if you have much ammunation, a PIL would be effective.

Be warned that if the ammunation is not enough the courts now impose heavy cost on frivolous PILs.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com