Action against official for failing to comply section 76 of Indian evidence act.
3 years ago
if any officer/staff/etc. Refused to provide the certified copies of documents/records under section 76 of the Indian evidence act to the applicant! Then is there any remedy/options available to make the official liable to discharge their job/duty properly or face the penalty/disciplinary proceedings against him/them. If yes! Then How? Kindly please explain me.??
Ayantika Mondal @ Prime Legal
Responded 3 years ago
A.Hi,
You can seek relief by filing a mandamus writ petition in the High Court. The official can be punished under Section 166 .
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You can seek relief by filing a mandamus writ petition in the High Court. The official can be punished under Section 166 .
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A.Hi,
If they had valid reasons not to provide these documents, then you have no recourse. If you were lawfully entitled to inspect them, then you can file a complaint against the official under by way of a mandamus writ petition. Here, the Court will command the official to do their duty correctly.
If you found this helpful, please rate us.
If they had valid reasons not to provide these documents, then you have no recourse. If you were lawfully entitled to inspect them, then you can file a complaint against the official under by way of a mandamus writ petition. Here, the Court will command the official to do their duty correctly.
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Ashutosh Patel
Responded 3 years ago
A.Yes u can file a complaint to his superior if he is a clerk of a court then bring it to the knowledge of registrar of the court ,if he is a clerk of some department or collector ate,etc then you can also file a complaint to his superiors ,you can also file a complaint under section 166 IPC .Plz do rate me if u find my advise helpful.
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