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compelling to hold departmental enquiry

(Querist) 07 January 2009 This query is : Resolved 
Can any constitution expert answer me whether i can compell the public authorities to hold a departmental enquiry against an erring public servant through a writ in the form of Mandamus by invoking Art.226 of the constitution of India?
Guest (Expert) 08 January 2009
Yes. If the public authority is really a public authority, which would come with in the purview of Article 12 of the Constitution of India and is amenable to writ jurisdiction, you can file a writ. But I have not fully understood your question. You are a public servant and employer is taking any action against you without holding enquiry, then for violation of principles of natural justice, you can file a writ. But you are a stranger and annoyed that an errant public servant is not being punished by the authority and allowed him to go free and for initiating disciplinary action, you want domestic enquiry, then the first question before the writ court is your locus standi. You have to satisfy the court about the question of locus standi.

Prabhakar (M) 9958670740
karlprabhakar@gmail.com
smilingadvocate (Expert) 08 January 2009
You also can approach the Lokayukta for taking action against the erring official.
B.N.Rajamohamed (Querist) 08 January 2009
THANK YOU SIRS
A. A. JOSE (Expert) 09 January 2009
Yes, if the misconduct is of serious nature you may even explore the PIL route also.


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