Action against person posted without minimum qualification

Tilak Marg Forum for Legal Questions Forums Service and Labour Laws Action against person posted without minimum qualification

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    • #2401
      Anonymous
      Guest

      If a Government post carries a minimum requirement and a person is appointed to that post without having that specific qualification, can I register FIR against that person for suppressing material information? I am working in the same department.

    • #2407

      It is not quite clear from your question as to what are the detailed facts of the case. Whether the concerned person has forged some document or used some forged document, or he merely suppressed some information? Further, whether the suppression of information was dishonest with the intention to deceive? Depending on detailed facts of the case, there may be a possibility of an offence of forgery and/or cheating being made out. However, this would require additional incriminating facts. Mere suppression of material information may not perhaps be sufficient to register an offence. Therefore, in view of the absence of detailed facts in your question, it is difficult to answer it.

      At the same time, if the person so appointed to the Government post does not have minimum qualifications, then a writ petition for a writ of quo warranto may perhaps be possible to oust him from that post. Such writ petition can be filed in the high court under Article 226 of the Constitution.

           


      Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.

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