Writ of Mandamus
Karl Jacob
(Querist) 20 October 2009
This query is : Resolved
A person working under state government has committed bigamy. It is prohibited by his departmental rules. Whether a writ of mandamus can be filed to direct the concerned department to initiate departmental enquiry on him?
joyce
(Expert) 20 October 2009
You have to file the criminal case for the offence of Bigamy under the criminal procedure code under IPC section 494,This offence is triable by Magistrate of first class. If at all any offical voilation is committed then only writ of mandamus can be filed.
R.R. KRISHNAA
(Expert) 20 October 2009
You can file a criminal case of bigamy as stated by joyce.
In addition to that the first wife can lodge a complaint in the concerned department about bigamy which is against the department rules and seek necessary departmental action against the person.
adv. rajeev ( rajoo )
(Expert) 20 October 2009
No u cannot file a writ of mandamus against the department to initiate departmental enquiry. Department has got rules off course but it does not come the departmental enquiry.
Departmental enquiry cann be conducted relating to the work and other entrusted work.
Sachin Bhatia
(Expert) 20 October 2009
No a writ of mandamus can not be filed to direct the concerned department to initiate departmental enquiry. You have to file the criminal case for the offence of Bigamy.
Raj Kumar Makkad
(Expert) 20 October 2009
It would have been better had you stated in your quarry your status qua the concerned employee. If you are a stranger, youu have go locus standi to either file criminal case or writ of mandamus, if u are first wife, then both options are available for you.
Adinath@Avinash Patil
(Expert) 20 October 2009
YOU HAVE TO FILE CRIMINAL COMPLAINT OF BIGAMY, IF ACCUSED CONVICTED IN SAID COMPLAINT.OR YOU FILE APPLICATION REGARDING SAID OFFENCE, DEPARMENT WILL TAKE ACTION.
Karl Jacob
(Querist) 21 October 2009
The person who has committed bigamy is a muslim. The 1st wife has made complaint to the concerned department already. Its been 2 months since then but action has been taken by the Department. Can the wife file a Writ of mandamus to direct the department to initiate the disciplinary proceedings against him?
