Following of Government Orders by Bureaucrates.

BRAJENDRA SINGH (Querist) 21 April 2008 This query is : Resolved
Please give opinoin whether Government Orders(G.O.) issued by a State Government is binding upon Bureaucrates, or they can by pass or rather ignore a G.O. while taking a decision , provide any Court Decision if available in this regard.

BRAJENDRA SINGH

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Guest (Expert) 29 May 2008
Try this link, it is on Doctorine of promissory estoppel.

http://judis.nic.in/supremecourt/qrydisp.asp?tfnm=27567

Binding nature of notifications and circulars
this link
Union of India v. Azadi Bachao Andolan [2003] 132 Taxman 373/263 ITR 706 (SC).

Even the speech made on the floor of parliment is a promise which cannot be gone back. If GO is in your favour, the effect to the GO has to be given in your favour.

K.C.Suresh (Expert) 01 August 2008
Government Order if it violates the judicial pronouncements, law of the land and customs for public interest the Public servant can side line the GO stating reasons. But he cannot neglect the same. But can overrule the issue by reasons and customs.

Gulshan Tanwar (Expert) 25 January 2011

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