Ziaur Rahman (ACP) 23 June 2021

Disobedience of government order by the disciplinary authority

What is the remedy if an IPS officer deliberately violates the departmental and Government order in providing relief to a subordinate employee facing Disciplinary Proceeding? The superior officers of the IPS Disciplinary Authority does not respond to the application of the employee pointing the violation of law and rules to his prejudice by the Disciplinary Authority? Can he file a criminal case under section 166 IPC but in that case how the sanction could be obtained. This is the common problems with the subordinate police officers in West Bengal.

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This discussion explores the remedies available when an IPS officer deliberately disobeys government orders, particularly when a subordinate employee is prejudiced during disciplinary proceedings. It questions the possibility of filing a criminal case under section 166 IPC and the process for obtaining sanction, highlighting this as a common issue for subordinate police officers in West Bengal. The thread also seeks clarification on legal provisions and whether sanction under section 197 Cr. P.C. is required for prosecuting superior officers who violate service rules.

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Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 ) 23 June 2021

Penalty for disobedience to rules and orders of the Government

If any person disobeys any rule or order which a [Government] has made in pursuance of this Act and for the punishment of disobedience to which express provision has not been made elsewhere in this Act, he shall be punishable for every such offence with fine which may extend to one hundred rupees.

Sudhir Kumar, Advocate (Advocate) 23 June 2021

please state facts of the case.

Ziaur Rahman (ACP) 24 June 2021

Under which provision of law or rules please? Whether for the prosecution of the errant superior officer who violates the orders of the Government and the Service Rules to the prejudice of his subordinate, any sanction is required as per section 197 Cr. P.C for his prosecution?