Govt. officer not working
satish
(Querist) 11 February 2012
This query is : Resolved
If a govt. officer is not performing his duty or deny on baseless reasons. Than what is process to get a direction from highcourt to force him for his duty. How much time normally it take.
adv. rajeev ( rajoo )
(Expert) 11 February 2012
First you complain the higher officer then initiate legal proceedings.
V R SHROFF
(Expert) 11 February 2012
Complain higher up:
Also send copy to concerned Minister
satish
(Querist) 11 February 2012
I already filed a complain to his superior in written. But no satisfactory answer. Is there no any option for writ/ mamandus directly? if yes, how much time it will take and what is the process.
M.Sheik Mohammed Ali
(Expert) 11 February 2012
yes, you can go high court, you were taked all the earlier steps but the said officer not done the work than you will file writ.
Sudhir Kumar, Advocate
(Expert) 11 February 2012
You query is vague it does not describe as to what is the duty of the officer and how he is abstaining fro scuh duty. You query is ttempted on face value.
Rule 3 of CCS(conduct) rules is reproduced as under :-
3. General
(1) Every Government servant shall at all times--
(i) maintain absolute integrity;
(ii) maintain devotion to duty; and
(iii) do nothing which is unbecoming of a Government servant.
(2) (i) Every Government servant holding a supervisory post shall take all possible steps to ensure the integrity and devotion to duty of all Government servants for the time being under his control and authority;
(ii) No Government servant shall, in the performance of his official duties, or in the exercise of powers conferred on him, act otherwise than in his best judgement except when he is acting under the direction of his official superior;
(iii) The direction of the official superior shall ordinarily be in writing. Oral direction to subordinates shall be avoided, as far as possible. Where the issue of oral direction becomes unavoidable, the official superior shall confirm it in writing immediately thereafter;
(iv) A Government servant who has received oral direction from his official superior shall seek confirmation of the same in writing as early as possible, whereupon it shall be the duty of the official superior to confirm the direction in writing.
Explanation I :- A Government servant who habitually fails to perform the task assigned to him within the time set for the purpose and with the quality of performance expected of him shall be deemed to be lacking in devotion to duty within the meaning of clause (ii) of sub-rule (1).
Explanation II :- Nothing in clause (ii) of sub-rule (2) shall be construed as empowering a Government servant to evade his responsibilities by seeking instructions from, or approval of, a superior officer or authority when such instructions are not necessary under the scheme of distribution of powers and responsibilities.
3A. Promptness and Courtesy
No Government servant shall
(a) in the performance of his official duties, act in a discourteous manner;
(b) in his official dealings with the public or otherwise adopt dilatory tactics or wilfully cause delays in disposal of the work assigned to him.
Mere non-performance of duty does not give cause to move to CVC. But undue protection by higher authoritties give casue to go to CVC. A long draw procedure.
As suggested by Shri Sheikh
Rajeev Kumar
(Expert) 11 February 2012
Sudhir has guided you well
