Writ petition under article 226
sandeep rane
(Querist) 09 March 2014
This query is : Resolved
State Information Commission (SIC) has ordered to Government Department to Register F.I.R as documents demanded by me under RTI are missing.
Government department do not Register F.I.R. as documents are deliberately suppressed by them.
on my complaint against non compliance of order , SIC ordered disciplinary action against Information Officer but no action taken.
SIC refused to imposed penalty and taking any action against Govt Department for non taking disciplinary action.
I want to file Writ petition in high Court with Following prayer:
Government Department be Ordered to
1. Register F.I.R.
2. Take disciplinary Action
3. Impose Penalty of 25000 on Information Officer
4. Give compensation to me under RTI Act as per provision.
I want to argue my petition on my own.
As I have Done research , I come to the Conclusion that I have to file Mandamus writ petition ?
1. Am I write to file mandamus writ petition for above prayer ?
2. Is there any prior notice needed to be given to SIC & Government Department ?
Please guide me in this respect in detail ?
Thank You.
Devajyoti Barman
(Expert) 09 March 2014
1. Yes
2. Yes
Better consult an advocate. Drafting of writ petition demands skill and it is not safe to write one by yourself.
Dr J C Vashista
(Expert) 10 March 2014
Issue legal notice u/s 80 CPC after engaging a local lawyer
malipeddi jaggarao
(Expert) 10 March 2014
Though you have made research, it is better to engage an advocate and assist him in drafting the legal notice and writ petition.
Isaac Gabriel
(Expert) 10 March 2014
Your apprehensions are genuine.The information commissions are reluctant to impose penalty,as it is often quashed in High court pointing out any punishment could be given only after giving opportunity.Further,the information commission is not headed by a Judicial officer.Neverthless,file a writ petition by engaging a lawyer.
Biswanath Roy
(Expert) 10 March 2014
In a WRIT OF MANDAMUS following ingredients are to be fulfilled namely,-
1. That the applicant is a citizen of India;
2. That by action and inaction of the Respondents petitioner's Legal, Constitutional and Fundamental rights have been infringed, and/or interfered with and/or encroached upon.
3. That there is no other law to give adequate relief other than Article 226 of the Constitution of India.
4. The action and inaction of the Respondents denied natural justice.
The facts of the case are to be set out in seriatim accordingly.
R.K Nanda
(Expert) 10 March 2014
agree with experts.
Rajendra K Goyal
(Expert) 10 March 2014
Repeated query:
http://www.lawyersclubindia.com/experts/Order-of-state-in-formation-commission-453901.asp#.Ux29jYVRx3A
sandeep rane
(Querist) 10 March 2014
Thank You to all experts.
In my earlier query I was confused between writ & application under 482 of Cr.P.C.
After this SIC refused to impose penalty and Again I have requested them to review their decision & decision on this is expected in two months and from the attitude of the SIC it seems that they will refused to take further action. I do not want to go to court immediately . I am trying to exercise every option which available to me other than Court. My objective is not penalty but Information which government Department have deliberately suppressed.
I am requesting this information since 2009 under RTI till yet under same application in respect of which I may have to file writ.
Its too late in getting information which I should have got in 30 days in 2009 And its been 3 years that Government Department has not complied with order of SIC and within three years three time SIC has ordered to complied with order but Govt. department has not complied.
1. Therefore Is their any other way by which I can Waive of Service of notice under section 80 of CPC to SIC & Govt Department & file writ directly after the next order of SIC ?
I can prove all the points which Respected Roy Sir has pointed.
2. If I am not wrong then I have to prove this points at the admission itself ?
Thank you all for their valuable advises.
Nadeem Qureshi
(Expert) 11 March 2014
contact a lawyer personally, it will be better
Biswanath Roy
(Expert) 11 March 2014
@ Mr.Nadeem Qureshi,
Your opinion as it seems is unfortunate. If you place my opinion before Learned Mr. SOLI J. SHORABJI, LEARNED Mr. FOLI S. NARIMAN or any other Constitutional expert he will agree with my posted opinion.
T. Kalaiselvan, Advocate
(Expert) 11 March 2014
Learned expert respected Mr.Roy Sir has given valuable opinion to the subject as he generally shares his great knowledge and experience here for the benefit of all which includes people like me too. I have learned many things out of his opinion/suggestions on many subject/issues. Similarly, he has given some vital information/suggestion to the author on the subject issue, further it is appreciable that the author has done a lot of homework even before approaching this portal with further doubts, thus it would be better to give him proper advise as respected Mr. Roy did. I endorse sir's views on the subject.
sandeep rane
(Querist) 12 March 2014
Thank you very much to all experts but I want know whether it is possible or not to waive service of summon under 80 Cpc ? If yes How Please reply.
Thank you.
Devajyoti Barman
(Expert) 13 March 2014
It is prudent to send Demand Justice Notice to State before filing the Writ petition.
Biswanath Roy
(Expert) 13 March 2014
Demand of Justice was needed after 42nd, Amendment of the Constitution of India. More particularly at the time of Emergency declared by Late Smt. Indira Gandhi the EX- HON'BLE PRIME MINISTER OF INDIA but now it is not inevitable.
