Sanction for Prosecution refused by Appointing authority U/s.197 Cr.P.C & Sec.19 PC Act
Dear Learned Members, I am a Social Activist and have been contesting criminal cases against corrupt public servants in criminal courts. I recently with the help of RTI gathered information which beyond any reasonable doubts establishes the fact that the Public servants involved have altered "Rates of Civil Works prepared by the Chief Engineer PWD of some specific works and while preparing the Estimates for the said works mentioned rates which are not a part of the rates prepared by the Chief Engineer, and are rates much higher than the rates supposed to have been mentioned or quoted while preparing the estimates". The rates mentioned in the estimate are rates over and above the rates prescribed by the Chief Engineer, which have caused sizeable loss of Public Money.
While seeking sanction for prosecution evidence or proof of corrupt activities have to be extended to the appointing authority for the appointing authority so that the appointing authority can apply its mind and conclude if sanction should be given or denied.
But in my case the appointing authority (a) has denied me the sanction (b) and has utilized the information to guide or correct the corrupt Public servants who have committed the corrupt act by quoting rates higher than the rates prescribed by Chief Engineer.
In such a event can I still file a Criminal case in the concerned courts u/s.466, 420 etc without a sanction. As forgery is not any part of a Public Servants duty and can not be said to have been done while discharging his official duties.
Your help will be much appreciated. than you more
While seeking sanction for prosecution evidence or proof of corrupt activities have to be extended to the appointing authority for the appointing authority so that the appointing authority can apply its mind and conclude if sanction should be given or denied.
But in my case the appointing authority (a) has denied me the sanction (b) and has utilized the information to guide or correct the corrupt Public servants who have committed the corrupt act by quoting rates higher than the rates prescribed by Chief Engineer.
In such a event can I still file a Criminal case in the concerned courts u/s.466, 420 etc without a sanction. As forgery is not any part of a Public Servants duty and can not be said to have been done while discharging his official duties.
Your help will be much appreciated. than you more
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Almost all Dept and it’s one or the Other TOP BRASS is Convicted &/Or charged with grievous charges & Disproportionate Properties & Gratifications, abuse of power and Authorities. Lack of Accountability & Responsibility are the foremost reasons - apart from Blanket coverage & Protection for "ON DUTY" acts and activities. Furthermore, the condition of "prior sanction" - which itself is bias & partial - the Authority entrusted to give these permission is ALSO entrusted with same hierarchy. Today, it is well evident that flow of “CURRUPTION” flows right from top to bottom OR BOTTOM to TOP, whether it is Banks & Financial Institutions and /or Govt. Depts. When the Higher Authorities are involved – how can one expect to receive the required sanction from the said Authorities. A simple Example is the Unauthorised Construction wherein a single District is having 76000 Buildings which are illegal". Instead of taking any action the Authorities are windowdressing by Buldozing the Hutments and Publishing the PHOTOS in news paper to establish that they are NOT COURRUPT as if these Buildings come-up within a day and all are NOT KNOWN to the Authorities. more
Feb 17
Dear Mr.Uday GB, you have summed up the entire matter of corruption and its never ending growth either from bottom or top as a famous artist does with his paintings, expression in its best form.
Section 19 of the PC Act and Section 197 of Cr.P.C work as deterrents against the fight for corruption, to add to these the Government has added one more section in the PC Act i.e Section 17 A of the PC Act 17A. (1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties,without the previous approval—(a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;(b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;
Now this is very interesting as I had made a complaint to the CBI, complaint supported by documentary evidence of corrupt practices. No FIR was issued, when contacted to find the status was told that as per the requirements of Section 17A, the entire complaint has been forwarded to the Appointing Authority/Competent Authority for sanction.
Well once again the ball comes back into the Court of the Appointing Authority in my case the person who is helping the Corrupt subordinates.
Can I see a Sanction from the Appointing Authority, not now or in the distant future.
So I have decided to file a Private Criminal Complaint on the Corrupt Public Servants in the Magistrates court who has jurisdiction to try this case only under the IPC and not PC Act.
Will Keep fighting till I can. more
Section 19 of the PC Act and Section 197 of Cr.P.C work as deterrents against the fight for corruption, to add to these the Government has added one more section in the PC Act i.e Section 17 A of the PC Act 17A. (1) No police officer shall conduct any enquiry or inquiry or investigation into any offence alleged to have been committed by a public servant under this Act, where the alleged offence is relatable to any recommendation made or decision taken by such public servant in discharge of his official functions or duties,without the previous approval—(a) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of the Union, of that Government;(b) in the case of a person who is or was employed, at the time when the offence was alleged to have been committed, in connection with the affairs of a State, of that Government;
Now this is very interesting as I had made a complaint to the CBI, complaint supported by documentary evidence of corrupt practices. No FIR was issued, when contacted to find the status was told that as per the requirements of Section 17A, the entire complaint has been forwarded to the Appointing Authority/Competent Authority for sanction.
Well once again the ball comes back into the Court of the Appointing Authority in my case the person who is helping the Corrupt subordinates.
Can I see a Sanction from the Appointing Authority, not now or in the distant future.
So I have decided to file a Private Criminal Complaint on the Corrupt Public Servants in the Magistrates court who has jurisdiction to try this case only under the IPC and not PC Act.
Will Keep fighting till I can. more
Feb 18
From [give full postal address] To, The State Public Information Officer [write proper address ] ` (1) Full name of the applicant [ write name]. (2) Address [ Full address with pin code & phone number] (3) Particulars of information required (Specify the category of subject also): TOPIC [explain subject as given in the petition ] Please. provide me certified copy of the records of day to day progress made on my petition mentioned above. Dated …..[give date] i) Copy of the page of inward register of your office showing the date of receipt of the petiton as above ii) Copy of the petition I submitted on …[give date] where the officer concerned marked the petition to the concerned officer/ official iii) Direction/ remark/ order by the officer concerned indicating name and designation of officials/ officers to whom the letter was marked for action. iv) A copy of the documents/ letters and file note (noting on file) where proposal (s) for the action to be taken was given. v) Inform the name and designation of the office and the officer who handled complaint vi) Provide the copy of the pages of office file containing records of inquiry made and reports/ facts gathered, correspondence made (if any) through which the petition was dealt vii) Provide certified copy of the note sheet and the proposal leading to final decision made (4) Year to which the information pertains : 2003-2018 (5) Other relevant reference, if any : Place: Date. Applicant’s Signature Court fee stamp for Rs 10/- attached [send this RTI application by speed post attaching a POD card (proof of delivery card). This card is available in post office. While sending the speed post add your cell number so that your get information on the delivery of the letter on your phone] more
Feb 14
The Chief Engineer of the department prepares Schedule of Rates on a certain time. With the passage of time, market rates fluctuate. Accordingly the estimates are made on higher or lower side. It is natural recourse of working. But if the variation is quite high from the SOR or the present market, then you should proceed further. more
Feb 13
There are number of other authorities to take to the task to such corruption, out of them I remember is the CAG controlling such govt. offices for taking action on such mischief.Even higher authorities(chain) are bound to take suitable action on such offenders. more
Feb 13
I think you can appeal to the next higher authority in the hierarchy and if you don't get a favorable decision, you may approach the jurisdictional HC with a writ of mandamus. The HC will issue one, if your claim is reasonable and unbiased. Good luck. more
Feb 13
