Legal Question in Constitutional Law in India

Rti act

how to take legal action after finding misuse of funds by Govt. Depts. or NGOs


Asked on 5/10/08, 4:07 am

4 Answers from Attorneys

Re: Rti act

Firstly collect all the details of misuse.You may approach the court by way of Writ petition and further you may also file PIL petition in HC/SC.

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Answered on 5/10/08, 5:58 am
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Rti act

File Writ petition if you have got proof of misuse of funds by Govt Depts or NGO's

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Answered on 5/10/08, 8:37 am

Re: Rti act

under rti act one access the information inrespect of withdrawl of funds from the state treasury such as voucher no,date,amount,head of account of 12 digits,purpose of withdrawl,how the money have been utilized. utilization certificate,work done report, extacts of cash books,etc., after obtaining the above + records if the expenditure founds misuse

i)it may be brought to the notice of next higher /controlling authorities for enquiry.

ii)can issue a legal notice

iii)can file a writ petition under art.226 & 227 before high court

iv)can file writ petition before s.c. subject to certain conditions for p.i.l.

note:- as per the cannons of financial proproiety govt funds must be utilized with utmost care.this is rule in financial codes laid down in accounts codes and financial code. if any body voilates this & misuses it the officer concerned will be personally held liable for loss of public money. if it is noticed before the next controlling authority he must act judiciously. even for initiation of criminal proceedings. as per civil service conduct rules they must act asper rules otherwise it amounts to misconduct and attracts disciplinary actions. besides this criminal /civi/writ/lokayuktha various provisions are open to take legal actions.

relavant records may be obtained first.here vouchers and work done reports speaks. will be treated as most imp evidence.

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Answered on 5/10/08, 10:17 am
Homi Maratha N.N. Maratha & Co.-Advocates

Re: Rti act

Please make sure that the proofs of misuse of funds is very clear and by consulting a senior counseld approach High Court/Supreme Court by way of Writ Petition followed by Filing a PIL (Public Interest Litigation).

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Answered on 5/15/08, 9:10 am


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