Govt official to be held responsible
AMAR PATIL
(Querist) 08 March 2012
This query is : Resolved
Some have answered, some want to elaborate, first i am very thankful to all of you tried to help me the best.
Again i am not clear for action because it is the case of one govt. officer do not obey orders of higher officers/committee.so writ of mandamus will not do proper remedy,as i feel.BCAUSE govt. is not against me,committee order is favorable to me,but lower office has to just follow orders of higher office.I COMMUNICATED TO HIGHER OFFICE ABOUT THE NON-IMPLEMENTATION OF THEIR ORDERS BUT THEY REPLY ME THAT THEY ARE THE DECISION MAKERS AND IMPLEMENTATION OF ORDER IS THE JOB OF LOWER OFFICE AND I HAVE TO APPROACH THEM.LOWER OFFICE DO NOT REPLY OR SPEAK ON THE MATTER,THEY KEPT PENDING SIMPLY SINCE 3 YEARS.
PLEASE TELL ME IF ANY CRIMINLA/CIVIL/ADMIN.LAW/REMEDY TO HELD RESPONSIBLE TO THE CONCERN DESK OFFICER IN OFFICIAL CAPACITY OR IN PERSON.
Kirti Kar Tripathi
(Expert) 08 March 2012
If the higher authority fails to get its order complied from its subordinate authority or subordinate authority disobeys their orders, the higher authority has full powers to take action against the subordinate authority and get its orders complied but if it does not take any action against subordinate authority or fails to exercise is powers, only remedy is writ of mandamus commanding the higher authority to take action against subordinate authority and get its orders complied.
Sudhir Kumar, Advocate
(Expert) 09 March 2012
You seem to have started new thread. Fact do not change please go back to previsou thread. Do not take vica test of experts.
Earlier thread is http://www.lawyersclubindia.com/experts/HOW-TO-HELD-RESPONSIBLE-TO-DESK-OFFICER-MANTRALAYA-285586.asp
V R SHROFF
(Expert) 09 March 2012
Experts already replied your query.
You too, is a Law Graduate and have 15 yrs experience.
Now act as advised.
venkatesh Rao
(Expert) 09 March 2012
If your state has Lokayuktha, file a complaint and you will get quicker justice. Then think of proceeding againat the officer in person.
You may also file RTI application seeking the reasons for delay. Both will get fruit early.
Sudhir Kumar, Advocate
(Expert) 09 March 2012
Partialy disagreeing with Mr Venkatesh Rao.
RTI can be used only to get information in matrial form. It cannot be used to desireves resons for non-issue of an order.
For filing complaint with Lokayukya you hve to be sure that the officer is realy avoiding lawful duty for some consideration and is not avoiding an unlawful order.
Please refer to advise given on earlier thread Earlier thread is http://www.lawyersclubindia.com/experts/HOW-TO-HELD-RESPONSIBLE-TO-DESK-OFFICER-MANTRALAYA-285586.asp
