Legal Question in Criminal Law in India

I am a public servant working in a Public Sector Undertaking

I am a public servant working for a Public Sector Undertaking. My disciplinary authority is Director who has been appointed by President of India. I have been implicated in a case under IPC 420/407 connected with an official act without taking sanction from my authority. Is it legal ?


Asked on 5/19/08, 2:23 am

4 Answers from Attorneys
Homi Maratha N.N. Maratha & Co.-Advocates

Re: I am a public servant working in a Public Sector Undertaking

Already replied.

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Answered on 5/23/08, 5:52 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: I am a public servant working in a Public Sector Undertaking

Have you stated in trial to the court the facts that you have stated above. If not please bring it before the court.

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Answered on 5/19/08, 11:07 pm
Shrichand Nahar S.V.Nahar, Advocate

Re: I am a public servant working in a Public Sector Undertaking

All the employees of Public Sector Undertakings may not public servants.

Did you take this stand during trial? What are the findings of Court?

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Answered on 5/19/08, 2:36 am
Vivek Mapara Vivek N. Mapara

Re: I am a public servant working in a Public Sector Undertaking

Any act done by an employee in discharge of his official duty is protected by virtue of Section 197 of the CR.P.C.

But to claim protection u/s 197, you need to take a stand during the Trial, that the act does was in discharge of your official duty, and hence there could not be any prosection without the sanction from the Appropriate Authority. If you have not taken that stand during the trial, then you cannot take it in future course.

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Answered on 5/19/08, 6:14 am


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