Can a case against govt. officer be filed w/o the necessary sanction?


A person wanted sanction to prosecute a Government officer and sough it from Govt. When it was refused, he filed complaint directly in the court. Principle of estoppel states one cannot deny what he has already admitted before.

 

The person in question had admitted before that the sanction was necessary. When he failed to get it, he changed his stand and filed complaint without sanction. Can the officer take shelter behind principle of estoppel so as to get complaint quashed?

 

 

Answer

 

First of all, we will request you to kindly provide the complete facts of the case.

 

1. What do you mean by:

 

"A person wanted sanction to prosecute government officer and sough it from govt"?

 

2. What do you mean by:

 

"Person had admitted before that sanction was necessary".

 

3. What was the representation and whether the position was altered in any manner?

 

'With respect to your query on Principle of estoppel , there following condition are essential:

 

a. Representation should be made, whether by spoken words, written words.

 

b. Relying upon the statement to be true, the other person has alter his position.

 

If above mentioned, condition are fulfilled the person making the representation will be estopped from denying the truth of it.

 

Therefore, we will first examine the representation and see whether the position of the person was altered.

 

Please provide complete facts, so that we can provide you the desired legal advice.

 

Kindly contact us for any further details and action.

 


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