validity of circular
Querist :
Anonymous
(Querist) 03 December 2010
This query is : Resolved
sir,
can circulars supersede the law?in delhi cooperatives society act2003 its mentioned for attachments of salary of govt.servants provisions of civil procedure code applies which says max.1/3 salary can be deducted for max 24 months in case of attachments of salary of govt.servant is concerned but office memorandum issued in 1963 by finance ministry clarified that limit of 1/3 deduction not applicable on attachment order issued by collector for recovery of society dues and on the basis of that circular arbitary deduction of around 10000 p.m. is being made. nw my client is facing financial crisis due to this huge recoveryand nw when we have sent his deppt legal notice for that then they have given reply on the basis of office memorandum. nw plzz tell what shall be the appropriate legal remedy for quick relief??plz suggest any citation on this subject??
