Why not taken action by HC?
Guest
(Querist) 22 October 2009
This query is : Resolved
In Andhra Pradesh one District Collector declared one active MLA is not belonging ST community and issued orders after enquiry. That MLA elected on ST certificate.MLA appealed to the High Court of Andhra Pradesh. HC suspended District Collector's order. Due to suspension of the order MLA got relief.
My question is
1)A District Collector is a IAS officer and Magistrate of the District also.Once He/She issued orders about genuinity of a peoples representative's caste after full inquiry on what grounds HC suspends District Collector's order?
2)Why HC not taken action against MLA?
Kiran Kumar
(Expert) 22 October 2009
Mr. Parkash the MLA must have challenged the report of DC.
the queries raised by you can not be answered without complete facts.
Guest
(Querist) 22 October 2009
Dear Kiran Kumar ji,
Yes. MLA can challenge DC's report. But DC is most responsiable officer he cann't give order blindly. After whole enquiry about genuinity of MLA's cast he issued order. Today HC of A.P suspended her order.
Raj Kumar Makkad
(Expert) 22 October 2009
Mr. Parkash! instead of becoming agitated, you should first go through the order of HC suspending the order of district collector. The reasons of suspension must have been discussed therein.
We have a Rule of Law and right to appeal, if provided in particular Act, can also be availed by the sufferer and if deem fit, the appelaate authority/ court can suspend, modify, revoke, enhance and can do what ever found fit, qua the impugned order. So nothing is illegality therein and if you find it illegal then make an appeal before further higher appellate court, if provided therein.
Kiran Kumar
(Expert) 22 October 2009
Dear Parkash ji,
i can understand your emotions but in the eyes of law all are equal...a DCs order can not be accepted as true in every respect....every one has right to be heard and every administrative order is subject to judicial scruitny.
there are no parameters in the eyes of law to say, a DC is most responsible person....DCs are nothing but political appointments.
try to control your outburst on HC....if the DC/state is correct then the MLA will loose....dont worry.
Guest
(Querist) 22 October 2009
Dear Kiran ji,
Thank you.
How these Peoples representatives are taking advantages with SC/ST certificates. If a common man produces a fake SC/ST certificate criminal action will initiate. These Poltical leaders always get relief from Courts. How these Politicians destroyed and damaged our socio-economic and judiciary system.
Another example
In today's Hindu newspaper of Hyderabad edition
A writ petition was filed by one opposition member against late CM (when alived) of A.P that various land ceiling laws etc. were violated by CM.Today HC closed his case which was filed against late CM.
My question is
Why HC did n't continue this case over his legal heirs/successor to recover Government lands from private people?
adv. rajeev ( rajoo )
(Expert) 29 October 2009
Mr. Sathya this is India. Every law will be violated. Of course every body is equal before law but its application is different. If we have judges like Dinakaran, what is the fate of the law of common people.
