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Writ of Mandamus (Constitutional Law)

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This query is : Resolved


Author : Karl Jacob

Posted On 20 October 2009 at 12:39

A person working under state government has committed bigamy. It is prohibited by his departmental rules. Whether a writ of mandamus can be filed to direct the concerned department to initiate departmental enquiry on him?




Expert : joyce

Posted On 20 October 2009 at 13:01

You have to file the criminal case for the offence of Bigamy under the criminal procedure code under IPC section 494,This offence is triable by Magistrate of first class. If at all any offical voilation is committed then only writ of mandamus can be filed.



Expert : R.R. KRISHNAA

Posted On 20 October 2009 at 13:14

You can file a criminal case of bigamy as stated by joyce.

In addition to that the first wife can lodge a complaint in the concerned department about bigamy which is against the department rules and seek necessary departmental action against the person.



Expert : adv. rajeev ( rajoo )

Posted On 20 October 2009 at 16:06

No u cannot file a writ of mandamus against the department to initiate departmental enquiry. Department has got rules off course but it does not come the departmental enquiry.
Departmental enquiry cann be conducted relating to the work and other entrusted work.



Expert : Sachin Bhatia

Posted On 20 October 2009 at 16:22

No a writ of mandamus can not be filed to direct the concerned department to initiate departmental enquiry. You have to file the criminal case for the offence of Bigamy.



Expert : raj kumar makkad

Posted On 20 October 2009 at 17:54

It would have been better had you stated in your quarry your status qua the concerned employee. If you are a stranger, youu have go locus standi to either file criminal case or writ of mandamus, if u are first wife, then both options are available for you.



Expert : Adinath@Avinash Patil

Posted On 20 October 2009 at 22:16

YOU HAVE TO FILE CRIMINAL COMPLAINT OF BIGAMY, IF ACCUSED CONVICTED IN SAID COMPLAINT.OR YOU FILE APPLICATION REGARDING SAID OFFENCE, DEPARMENT WILL TAKE ACTION.



Author : Karl Jacob

Posted On 21 October 2009 at 12:44

The person who has committed bigamy is a muslim. The 1st wife has made complaint to the concerned department already. Its been 2 months since then but action has been taken by the Department. Can the wife file a Writ of mandamus to direct the department to initiate the disciplinary proceedings against him?


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