LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

prof s c pratihar ( urologist &legal studies)     20 September 2008

public searvant &criminal breach of trust

dear members,

                       arrear salary of one govt searvant granted by competent court which was denied and disposed by another public officer by an affidavit.can the public officer be booked us 409IPC?


 5 Replies

Murali Krishna (Govt..Employee)     21 September 2008

 If a court granted arrears of salary, any violation of the court order attracts contempt of court and the officer who violated can be taken up for contempt of court.

If that order is issued by a civil court, an execution petition can be filed for recovery of the amount from the department.

It does not amount to an offence under 409 of IPC.


SHEKHAR MISHRA (public servant)     22 September 2008

It    will   only   amont     to    contempt     of   court   and   it    will   not    come    under    the    purview   of   sec.409    of  IPC.

prof s c pratihar (medical practitioner &legal studies)     23 September 2008


        i have been told that ld. magistrate has already taken cognizance of s 409 ips and whole matter is before H C in cr rev s.401 ,482 and pending as contested application.scope of rev.application pls.

Rama chary Rachakonda (Secunderabad/Telangana state Highcourt practice watsapp no.9989324294 )     23 September 2008

section 482 relates to saving of inherenet powers of high court.Nothing in this code shall be deemed to limit or affect the inherent powers of the high court to make such orders as may be necessary to give effect to any order under this Code, or to prevent abuse of the process of any Court or otherwise to secure the ends of justice.

prof s c pratihar (medical practitioner &legal studies)     29 September 2008


Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register