Legal Question in Administrative Law in India
If a Government Officer asks for an explanation to a government servant subordinate to him why he filed a writ petition in the Hon'ble High Court without requesting prior permission from and issued a charge memo. What is the choice before the that Government Servant? any Case citation.
1 Answer from Attorneys
filing a writ petition before hon'ble high court is a fundamental right.though he is govt servant he can file it .no prior permission is required. if superior officer issues a charge memo for the same it is the dereliction of duty of that Officer. he must know the law of our land.ignorance of law has no excuse.hence the officer will be punished if the govt servant noticed it before the same hon'ble high court. THERE IS A CLEAR VERDICT AS I READ IT ON SLJ BOOK DURING 2000 -2002. an officer can not take the fundamental right of a govt servant to file a writ petition which is guaranteed under our constitution.
Related Questions & Answers
-
Whether A Government Servant file a Writ Petition in the High Court without... Asked 6/14/11, 1:29 am in India Administrative Law
-
What is act and rule of 37. I want the clear my question. I will be thanksfull to... Asked 6/07/11, 11:32 am in India Administrative Law
-
You sold a shipment of goods to ABC Company and received a bill of exchange for it.... Asked 6/06/11, 1:56 am in India Administrative Law
-
Hi, I wasn't sure which option to choose from the drop-down, please direct this... Asked 6/04/11, 9:01 am in India Administrative Law
-
Whether Labour Cess is currently payable in Maharashtra under software companies... Asked 5/31/11, 1:35 am in India Administrative Law