Petition to clarify the service regulation

denish (Querist) 16 March 2012 This query is : Resolved
A service regulation named regional rural bank officer and employees service regulation 2010 has been provided by the Government of India through extra ordinary gazette.There are given some definitions of posts,authorities and other related things. For any complication there is not provided that who will clarify the provisions of said regulations.I want to seek some clarifications. Can I obtain it through petition in High Court making party to Government of India ?

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Guest (Expert) 16 March 2012
The concerned Ministry of the Government of India, who framed, approved and supplied the regulations has to clarify the points of doubt in consultation with the Ministry of Law.

Such rules very clearly provide one such rule, where it is usually stipulated that in case of any doubt the case may be referred to the Government and interpretation of the Government will be final.

Sudhir Kumar, Advocate (Expert) 16 March 2012
You could have referred to Regulation 13 of the notification which reads that :-

13. Power to Interpret.-
The power to interpret these Rules shall vest in the Central Government and the
Central Government may issue such administrative instructions or guidelines in
consultation with the National Bank as may be necessary to give effect to and carry
out the provisions of these rules or to remove any difficulty in their implementation.

denish (Querist) 16 March 2012
Can I obtain mandamus from High Court making party to Government of India ? because generally govt. does not reply to the such type of queries and the matter entangles only in several correspondence. RTI Act is also not such effective and delay up to one year or more is normal in going for appeal to Central Information Commissioner

Nadeem Qureshi (Expert) 16 March 2012
Dear Denish
you can file PIL but if you send an RTI application may be the Govt. send a reply on this point, you can save your valuable time as well as courts time .
feel free to call

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