Register police case against public servants
Tathagata Datta
(Querist) 29 November 2022
This query is : Resolved
Sir, a train accident was recently averted and by grace of God no railway passengers were injured or dead. Only a pecuniary loss was there in behalf of Railways due to destruction of railway property.
Initially it is found that three railway officers were responsible for such accident for which safety of railway travellers got violated. Now please tell us under which sections Police can register a case against the responsible employees against violation of Article 21.
kavksatyanarayana
(Expert) 30 November 2022
The Police cannot take any action against a public servant, but the Police report (if any public servant makes anything against to law) to his employer to take disciplinary action against that public servant.
Dr J C Vashista
(Expert) 01 December 2022
What is your concern / problem / locus standi qua facts vis-a-vis academic query raised ?
Tathagata Datta
(Querist) 01 December 2022
Dr.Vashista Sir, for the locus standi it may be said that when safety of public at large is concerned, the responsible public servants should face punishment. Now the question is raised that whether the Police can file FIR against them based upon the application of common citizen (informant)/ any passenger of the train, or the matter may be raised before HC/SC keeping view upon proviso laid down in Art. 21? Your valuable suggestions are needed.
Pradipta Nath
(Expert) 03 December 2022
Registering of FIR depends upon the gravity of the crime. Not every crime amounts to FIR. The intention and negligence have to be distinguished between as mens rea plays an important in a criminal case. The burden of proof lies upon the complainant to prove that there was an intention or conspiracy for the criminal act. In my opinion, this case is a civil wrong and you need to take recourse under the civil court. Serious lapse in duty will bring disciplinary action.
Tathagata Datta
(Querist) 03 December 2022
Thank you Mr. Nath for your valuable suggestion, as the matter may be dealt before the HC/SC under interest of public at large.
Sudhir Kumar, Advocate
(Expert) 04 December 2022
if there is a cognizable offense (even by public service and even during discharge of duty) police can register. Your query lacks relevant facts.
