How to held responsible to desk officer mantralaya

AMAR PATIL (Querist) 08 March 2012 This query is : Resolved
MAHARASHTRA GOVT.DESK OFFICER OF TECH.EDUCATION DO NOT OBEY ORDERS OF HIGHER DEPT.i.e.GEN. ADMN.DEPT.even they informed to him to issue the order as per G A D GUIDELINES.
I AM IN A GREAT LOSS AND CANT DO ANYTHING AGAINST HIS CORRUPT ATTITUDE.HOW TO HELD HIM RESPONSIBLE IN LAW AND I WANT TO PLEAD MY CASE AT MY OWN AS I DON'T HAVE HUGE FEES OF LAWYERS.SUGGEST ME RIGHT WAY PLEASE.

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Khaleel Ahmed Mohammed (Expert) 08 March 2012
You are advised hereby to file writ petition before High Court. Further approach anti corruption bureau.

Guest (Expert) 08 March 2012
Can you please state briefly about actual problem you are facing with the Desk Officer?

V R SHROFF (Expert) 08 March 2012
file writ petition before High Court.

Sudhir Kumar, Advocate (Expert) 08 March 2012
You are making a very very vague proposition.

Why he is not issuing orders.

Remember every Govt officer has obligation not to do something which he feels illegal even if directed from top.

There is some reasons that higher authrities are neither able to get their commend executed nor transfer the man.

If the reason is only corrution then better get him trapped by State Vigilance Bureas. This remedy works faster than writ petition as the person is no more in chair when accepts money. He is arrested and suspended forthwith.

Kirti Kar Tripathi (Expert) 08 March 2012
Simply seek mandamus from High Court and still is it is not obeyed, file contempt petition. It is only way to deals with the circumstances.

Sudhir Kumar, Advocate (Expert) 08 March 2012
Before moving for writ mandamus please make sure that:-

(i) The said officer is the competent authroity to issue order

(ii) orders of higher authority which you claim to have been passed are in writing and communuicated to him.

(iii) The said orders of the higher authrities are not illegal in any way.

(iv) You have copies of all such orders under RTI.

Sankaranarayanan (Expert) 08 March 2012
we need more details about your problem. as per your small information better to follow mr shroof and mr ahamed 's suggestion.

Shonee Kapoor (Expert) 08 March 2012
I would not advise for any writ in the absence of complete facts/

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

Arun Kumar Bhagat (Expert) 08 March 2012
File Writ of Mandamus in High Court and still is it is not obeyed, file contempt petition.

Sudhir Kumar, Advocate (Expert) 09 March 2012
This author instead of giving facts as advised by Mr. Shenee kapoor has opened new thread.

Level of the officer as stated by him in only Desk Officer whose job is only to present facts and rules to higher authorities and to authenticate the orders on approval. If he abstains from doing lawful activity he can be proceeded against and if he demands bribe he can even be arrested and next day some other officer will be there as he will be suspended.

In these days higher bureaucracy and politicians at times pass verbal orders and some officers who know the code of conduct know that he has no rescue for doing irregular action if done while obeying illegal oral directions. Only he is loser of career not the higher authorities.

Nothing can be done to him if he is not obeying illegal orders even if in writing. His stand will be vindicated by court if writ mandamus is filed.

In this case the higher authorities are not able to execute their directions. There is a strong suspicion that the things are not as clear as shown to be.

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