Legal Question in Administrative Law in India


I'm holding a responsible position in government. Since 2009, i've not been allotted any work to do on the pretext that some enquiries of miscellaneous nature viz: delay in disposal of letter etc etc.. meaning thereby i'm getting my salary, incriments and other benefits regularly without rendering my service to the government. The work of my seat has been given to my subordinate unofficially and he's doing it without any incentive. Over the period, two judicial officers have written my ACRs and i've been awarded good except average in the column for manners and powers of working with others by one judicial officer.

My queries:- 1.Are there any rule or law to withhold the work pending inquiries of miscellaneous nature.

2. Are there any laws to pay the Government servant without taking any work from him.

3. In the ACR ASPECT, i have been given good for acquaintance with rules and orders, quickness in dispatch of business, punctuality and regularity, reputation and honesty and NO for defects if any. Does the reporting authority, a Senior Judicial Officer was correct in the eyes of law to award me average in my ACR since no official orders are on record that i have been given work.

I'm at the verge of retirement due in june 2014, plz acknowledge the query it stands in the eye of law/rule pertaining to central government.


Asked on 9/23/13, 11:59 pm

1 Answer from Attorneys

Fca Prashant Chavan Expert Edge LLP


Dear Sir / Madam,

People are of two types - those that are good at doing work and those that are good at getting the work done. From your query, you most likely fit into the latter category.

1, Any inquiry on the job of whatever nature or criticality is supposed to be addressed and resolved within 90 (ninety) days by the concerned Department, failing which, it is deemed to have been set aside as false and frivolous.

2. There are no such laws.

3. No, as per Point (1) above, the Senior Judicial Officer cannot be stating "NO" for defects without any valid proof or justification.


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Answered on 9/24/13, 7:19 am

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