Sanction for Prosecution refused by Appointing authority U/s.197 Cr.P.C & Sec.19 PC Act
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
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
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
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