Power Of Public Officer
Querist :
Anonymous
(Querist) 07 August 2010
This query is : Resolved
Respected Experts,
Can a Public Officer(administrative), put his signature on an order in back date? Or An operative order was passed 2 months back without the signature of the officer, by the subordinate staffs i. e. clerks, later to validate it the officer, who has joined the office recently has put his signature, which was supposed to be done by his predecessors.
Is it allowable?
If not, what should be done?
Plz. suggest/guide.
Thanks and regrds,
s.subramanian
(Expert) 07 August 2010
it nothing wrong. the successor to the office can do it. even in judicial proceedings it is allowed.
Querist :
Anonymous
(Querist) 07 August 2010
Sir,
Thanks for the reply, but actually it (the order) was meant to extract money from affected person, when refused to pay, they validated it, otherwise they would have thrown it as a waste paper. It can be proved by circumstantial evidence.
Regds.
Raj Kumar Makkad
(Expert) 07 August 2010
I do not be agree with Subramanian. A person holding his office can only put his signature to the orders passed during his tenure and he cannot put his signature in the dates prior to his joining in that particular office. If the coming officer has done such things, then it is highly objectionable and such order cannot sustain before eyes of law and is liable to be got revoked by force of law.
Daksh
(Expert) 09 August 2010
I do not agree with Raj, there is a theory of delegation and if the policy of the concerned department vouches for it and there is a written manual in this regard the same in my humble opinion amounts to validation of delegated authority by a successor and by no stretch of imagination can be got revoked lawfully hence.
