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Author Topic: Procedure to obtain sanction for prosecuting government officers  (Read 754 times)

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Offline affroz

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I am a government employee, and officers issued chargesheet to me with completely false and fabricated charges. They have neither conducted any fact-finding enquiry before putting charges on me, which was required as per law. Neither have they issued show cause notice to me.

I therefore wanted to prosecute them for imposing false charges, making false statements, mental torture and defamation.

But government officers are protected by section 197, under which no cases can be filed against them for the actions taken by them while performing their official duties without prior sanction of Central government or state government is the case may be.

These are colonial era rules, through which British officers were protected for their actions and the same thing is being continued up to date.
The problem is, when you apply for such sanctions, there is no time limit and nobody actually gives such a sanction.

In spite of litigation to scrap the section 197, Supreme Court did not scrap, but given a timeframe of three months within which if sanction is not granted by concerned authority, then it will be deemed as a sanction to prosecute the concerned erring official.

So whether, anybody can guide me about the procedure for obtaining sanction against railway officers, and to whom such an application should be addressed.

And whether court always accepts sanction as deemed a sanction after passage of three months.
Please suggest a suitable path.

Thanking you in advance


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