Legal Question in Administrative Law in India

If a Government Officer asks for an explanation to a government servant subordinate to him why he filed a writ petition in the Hon'ble High Court without requesting prior permission from and issued a charge memo. What is the choice before the that Government Servant? any Case citation.

Asked on 6/17/11, 10:42 pm

1 Answer from Attorneys

filing a writ petition before hon'ble high court is a fundamental right.though he is govt servant he can file it .no prior permission is required. if superior officer issues a charge memo for the same it is the dereliction of duty of that Officer. he must know the law of our land.ignorance of law has no excuse.hence the officer will be punished if the govt servant noticed it before the same hon'ble high court. THERE IS A CLEAR VERDICT AS I READ IT ON SLJ BOOK DURING 2000 -2002. an officer can not take the fundamental right of a govt servant to file a writ petition which is guaranteed under our constitution.

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Answered on 9/29/11, 10:07 am

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