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Sridhar V Sridhar (Employee)     09 January 2016

Can i file a case on a government officer?

Can I file a case on a Government officer and attaching all his superiors chain upto CM, for not delivering his duties in a particular work?.  (Ex. Giving license to a sole propritorship business).

The type of court is for this? Munsif?



 4 Replies

ROHIT SHARMA (Legal Advisor )     09 January 2016

1. You can address your complaint to the chief vigilance Officer of the state govt citing therein the malpractices carried on by such govt officer. Court will have no jurisidction to adjudicate such complaint  complaint unless the matter involves an instance of disproprotionate assets owned by such govt officer. 

 

 

1 Like

Sudhir Kumar, Advocate (Advocate)     13 February 2016

what are facts of the case.

Sh. P Suresh (For To By Green Kindness Perpetuity Selfsustainability Always)     09 March 2016

Most of the employees are the sort that is indicated in the post. Accountability is definitely a concern. Still, there are some good officers too.

 

Firstly make up your mind whether you want to fight for the cause. If detemined, only then proceed.

 

Raise complaint at one stage higher up. Decide on what to do depending on what is got. Repeat this till you reach CM.

 

A complaint upto CM will sustain in Court if you have already knocked all the lower offices & that Office too & have valid grounds.

1 Like

Ananya Gosain   30 July 2021

Section 79-82 and Order 27 of the Civil Procedure court recognizes the subject of suits by or against public officials.

Jurisdiction - only the court within whose local limits the cause of action has arisen will only try the suit.

Section 80 is states rules and requirements that are must for initiation of the suit.

NOTICE 

  • Name, Descripttion, and place of residence of other person giving notice
  • A statement of the cause of action
  • The relief claimed by the plaintiff
  • It must be issued within two months prior to the date of filing the suit
  • It must be in writing
  • It must be delivered either by registered post or left at the office of the Secretary to the State government

After the expiration of two months, a plaint can be presented before the court. 

RULE 5, 7 AND 8 OF ORDER 27

In a case where the suit is filed against a public officer, Rule 5 A of order 27 states that the government must be a joined party to the suit.

Rule 5B obligates the court to assist the public official in question to come to a fair and just settlement. Moreover, whenever the public officer is the defendant, then rule 7 makes sure that reasonable time is given to the public official to be able to make a reference to the government.

 


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