Statutory obligations/mandatory orders vs limited resources
Rajesh Tandon
(Querist) 12 February 2013
This query is : Resolved
1. This is a clarification which I wish to seek on the matter of statutory obligations/mandatory orders Vs limited resources. A number of times there is pressure from the higher authorities for performance wherein full complement of the resources authorised are not given despite repeated request. Rather when a demand is made to boost up the shortage of manpower and equipment the reply from the authorities given is that with the same amount of shortage of manpower the others are performing better. This seems ridiculous since the pressure on the similar appointments may vary, circumstances around a particular appointment /post may vary. The personality of the person handling the appointment may vary. .A case in point is 1974 English Court of Appeal case, in which an applicant sought an order directing that his local authority comply with its legal duty to him to provide accommodation after he lost possession of his flat. It was found that he was not entitled to such an order. The Judge stated that, where there is evidence that a local authority is doing everything in its power to comply with its statutory obligation but has failed to do so because of circumstances beyond its control, “it would be improper for the court to make an order of mandamus compelling it to do that which it cannot do...”
2. Similarly in the case of the Hoey case, in which the Court held that if a local authority was in breach of their responsibilities there was a statutory obligation to force them and “budgetary embarrassment was no answer”. Oireachtas having imposed a statutory duty on local authorities, being required to provide the means of carrying out that duty
3. Can I request the experts to throw some light on the principle followed in India on the subject matter. Any citation /decision of Supreme Court if given by any expert in this matter would be appreciated. I have personally felt this perpetual problem being in government service. Despite repeated request for projecting the deficiency or (non-cooperation from lower headquarters to whom the work is sometimes delegated) , these requests / are not fulfilled and ground realities are not understood by higher authorities and these higher authorities are, as if ready to take an action against a subordinate officer for not producing the results. The higher authorities are not interested in listening the story but are more interested in results to be produced by hook or crook.
4. Only thing which can come probably to defence of a government officer is some constitutional provision or Supreme Court decision which he can quote to save himself.
5. Would not any expectation by higher authority to complete the task in the absence of the lack of resources amount to arbitrary and unreasonable expectation/decision since whenever there is arbitrariness in the state action, article 14 of the Constitution springs into action.
6. In the case of NATIONAL COUNCIL FOR TEACHER EDUCATION AND
OTHERS Vs SHRI SHYAM SHIKSHA PRASHIKSHAN SANSTHAN AND
OTHERS ETC. ETC.(Civil Appeal Nos.1125-1128 of 2011) dt JANUARY 31, 2011 the apex Court gave the decision that the council is directed to ensure that in future no institution is granted recognition unless it fulfils the conditions laid down in the act and regulations. Institutions should be allowed to come into existence only if the sponsors are able to ensure that they have adequate material and manpower resources in terms, for instance, of qualified teachers and other staff, adequate buildings and other infrastructure (laboratory, library etc). However, this is as per the guidelines issued by NCTE i.e these are must for the recognition. But what is the status in case of any other organisation where mandatory orders are to accomplish results despite lack of manpower and equipment resource?
7. Isn't there any general rule which says that the authorities are supposed to provide the means to carry out of duty. If the means are not provided it is something like asking soldiers to fight war without a weapon, clothing and equipment.
R.K Nanda
(Expert) 12 February 2013
query too long. contact local lawyer.
Guest
(Expert) 12 February 2013
Targets are fixed taking all other things as normal. Shortage of means, modes necessities and facilities have to be duly brought on records from time to time for perusal of the competent authority. No authority comes to know automatically.
ajay sethi
(Expert) 12 February 2013
agree with Dhingraji
Rajesh Tandon
(Querist) 13 February 2013
thx please. But what if despite things being brought to the notice of the authorities, no concrete support is given & yet expectations and unreasonable demands are kept, thus pressurising the subordinate officer.
Guest
(Expert) 13 February 2013
I have clearly mentioned, "have to be duly brought on records from time to time for perusal of the competent authority."
So, keep the files of authorities as well as yours filled up with your effective but polite correspondence, so that at the time of need, you can challenge the fixed targets and put your demand more emphatically.
So, formal and repeated correspondence and reminders are a must to present your official handicaps to the authorities.
Raj Kumar Makkad
(Expert) 13 February 2013
I do endorse the views of Ld. Dhinra ji.
Guest
(Expert) 13 February 2013
You are welcome Mr. Rajesh.
