u/s166 IPC
Querist :
Anonymous
(Querist) 12 December 2009
This query is : Resolved
Whether a Drawing Officer can stop SALARY of a Govt.Servant?If it has happened,whether the Public Servant can be prosecuted u/s166 of IPC? Sanction of Prosecution u/s197 of Cr.p.c.is required or not?
Raj Kumar Makkad
(Expert) 12 December 2009
A drawing officer can stop the salary/wages of any employee under the provisions of section 7 of CSR and no desired case be filed against him.
joyce
(Expert) 12 December 2009
if any case is to be filed aganist the public servant then off-course sec 197 of cr.p.c is applicable. previous sanction is to be seeked before the cogniznce is taken.
Querist :
Anonymous
(Querist) 12 December 2009
What is the TIME LIMIT for SANCTION of Prosecution u/s 197 CrPC. IF the authority will not give Sanction order,is there any legal provision against Authority?PLEASE specify.
Devajyoti Barman
(Expert) 13 December 2009
If the offence u/s 166 is done by the public servant in the course of his employment then definitely sanction u/s197 is required . However if the alleged act is found to be not done in connection with his job or not done in course of his duty then no sanction is needed.Leave for sanction can be done at any stage of the trial.
adv. rajeev ( rajoo )
(Expert) 13 December 2009
I do agree with Raj Sir,
Sec 166 says Whoever, being a public servant, knowingly disobeys and direction of the law as to the way in which he is to conduct himself as such pubic servant, intending to cause, or knowing it to be likely that he will, by such disobedience, cause injury to any person, shall be punished with the imprisonment for a term which may extend to one year, or with fine, or with both.
In your case it is not.
To file a case again5t the govt., servant sanction is necessary.
Arvind Singh Chauhan
(Expert) 13 December 2009
I go with Barman Sir. Sanction required if the offense is related with his official duty. Recently SC have said that point of sanction should be seen at later stage.
Raj Kumar Makkad
(Expert) 13 December 2009
Matter do not pertain to merely of sanction rather main problem is that whether such disbursing officer is authorized to stop the salary or not and maximum of the experts have engaged themselves in some other topic.
