Legal Question in Administrative Law in India

A Govt. Servant (Class I Officer) has filed a False Affidavit stating false information & facts before the Court in a Regular Civil Suit.

The court has accepted the said affidavit AND in the ORDER mentions & states that the said Officer "is obviously a Senior Bureaucrat & a Govt. Servent. He has no reason to file false affidavit on behalf of th Defendent No.1 & 2" (Government).

From the Order it can be seen that the opinion of the Court has been influenced by the fact that the said Affidavit has been filed by a Senior Govt. Bureaucrat against a Common Man.

I now have documentary evidence to show that the contentions in the said Affidavit of the Senior Govt. Servant are false and not based on fact & made only to subvert justice.

What kind of process should be initiated now?

Wheather initiating proceedings under Sec 340 (with Sec 195) is the only recourse?

Please HELP!


Asked on 11/10/09, 7:41 pm

2 Answers from Attorneys
Seshadri Srinivasan www.lawconcern.com

Petition the civil court for complaining.

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Answered on 11/10/09, 7:44 pm
RAJIV GUPTA (Cell: +91 9811284735) [email protected]

as the bureaucrat is a public servant, so before prosecuting him, you need to seek permission from the central government as per rule laid down. you can file an application u/s 340 of crpc for perjury and related offences.

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Answered on 11/10/09, 11:37 pm


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