Suit against government servant
2 years ago
Can we file a civil suit against a government servant who failed to perform his official duty in the prescribed time as per the rules in the lower Court like district/munisif court?
A.Dear Client,
To file a case in lower courts, you must have a grievance or conflict with the other party, and even if the court allows the case to advance, the time it takes will be excessive. Instead, you can file a writ petition in the High Court, and that officer can be named a proforma respondent.
Thank you!
To file a case in lower courts, you must have a grievance or conflict with the other party, and even if the court allows the case to advance, the time it takes will be excessive. Instead, you can file a writ petition in the High Court, and that officer can be named a proforma respondent.
Thank you!
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A.See there is no bar for that but the procedural issues will creep up. Like the lower courts do not have direct jurisdiction to call a government official unless it is a criminal case. In lower courts you must have a grievance or dispute against the party to file a case and also if the court allows the case to proceed the time taken will be too long.
Instead you can initiate a writ petition in the High Court against the department and that officer can be made proforma respondent.
Instead you can initiate a writ petition in the High Court against the department and that officer can be made proforma respondent.
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