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Mandeep Singh   30 July 2021

harrasment by public servant

sir under what sections a govt. servant can be booked for not performing his duties . whether in CPC or IPC


Learning

 2 Replies

19140 VATSAL DHAR   30 July 2021

Section 21 of IPC defines a public servant and everyone who is a public servant has to perform his duties. A public servant can be booked under Section 353 of IPC.

A writ petition under 'Mandamus' - "WE COMMAND"  can be filled. 

R. Rohan (student )     30 July 2021

Lack of response is an actionable wrong in the same way as any malafide action by a Public servant is, and the aggrieved party can claim damages for all the physical, mental, emotional, psycolodical, social and financial losses and sufferings he/ she has suffered.One needs to exhaust all the possible remedies before making such claims.

High Courts under Article 226 are vested with the power to issue writs. Writ of Mandamus would be issued when there is a faliure to perform a mandatory duty by a public authority, which he/she is bound to perform. However, even in the cases of mandatory duty breaches by a public servant, you will be required to establish that you made a specific request to enforce the duty, and that the demand was refused.

Note that the writ of mandamus can not be granted in cases in cases where the duty of the public servant is merely discretionary.

 

 


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