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Under which sections of ipc the case can be booked

(Querist) 24 December 2014 This query is : Resolved 
Sir I have the full proof that chairman of the selection committee who is also the head of department has abused his confidentail position and give favorism to one candiatae by writing letter to the adminsitrative officer of the GHovt OInstitute as result the candidate has been offered appointment without notification of the vacancy

In second case I have the full proof that adminsitrative officals of the Govt run Institute has tampered records and offered appointment without evn notification...

If sanction has been obtained under 197 Crpc from the rspoective Govt under which sections of IPC the cases can be tried agsinst them as there si no proof that bribe was used but abuse of confidentail position was made in wo cases??
ROHIT SHARMA (Expert) 24 December 2014
1. Although a criminal complaint cannot be maintained yet filing of writ petition by the aggrieved person before the H.C. u/Article 226 r/w Article 14 of C.O.I. can be instituted. Your petition will survive.

Rajendra K Goyal (Expert) 24 December 2014
File writ petition in the High Court.
Advocate. Arunagiri (Expert) 24 December 2014
You need not prove the bribing.

If you have proof that the officer had had favored some body violating the rules, you can lodge a complaint before the vigilance cell.

Wait for a month, if there is no action, after that you can approach the High Court seeking direction to register FIR.
T. Kalaiselvan, Advocate (Expert) 26 December 2014
As advised above, after the complaint with the vigilance cell does not invoke any response, approach high court with the writ petition as an aggrieved party.
Devajyoti Barman (Expert) 26 December 2014
Lodge complaint with Vigilance department.
yogesh (Querist) 27 December 2014
Thanks sir for your prompt resposnes..If Vigilance donot take action then is its appropatrite to move to H.C for regsiter of FIR?? Is it not correct that first I have to seek permission to sanction prosecution under 197 Crpc and to file case under 156(3) Crpc or inder 190/200 Crpc ???
Shailesh Kr. Shah (Expert) 28 December 2014
Move to high court, if no action taken by vigilance.
Advocate Rajkumarlaxman (Expert) 19 February 2015
Writ petition is best solution


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