Legal Question in Constitutional Law in India
Rti act
how to take legal action after finding misuse of funds by Govt. Depts. or NGOs
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.
Re: Rti act
File Writ petition if you have got proof of misuse of funds by Govt Depts or NGO's
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.
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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