Administrative Laws in India
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What is illegal suspension or termination of employees?
Can an employee reach out for judicial help when not promoted?
What to do when a senior officer practices malafide actions?
Where to file a case if my organization is not following the rules?
What should I do when I find there is departmental wrong being done at my office?
Can I raise my voice, against corruption, under the administrative laws?
Do Lokpal, Lokayukta and Central Vigilance Committee come under the purview of administrative laws?
How is the adjudication done under the Administrative Adjudication Process?
Will private companies be covered under the aspects of the Administrative Laws?
Every Citizen and especially the employees working in governmental agencies have certain expectations to be fulfilled by the agencies as a routine work and sometime extra ordinary works with in the defined limits of the laws applicable to that agency or department. Administrative laws, as such, provide a mechanism of recourse when the agencies fail to perform their duties or do something which is are barred to do.
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About the Administrative Laws
It is the branch of law that aims at the regulation and upholding of lawful framework, powers, functions etc. of the administrative authorities is referred to as the Administrative Law. It speaks of the way as per which exercise of certain powers is to be done, the remedies which can be availed at instances of powers being abused by the authorities.
Administrative law has 4 primary aspects to it. They are the composition and powers of administrative authorities, fixation of the limits of such powers, providing the pro-forma or method for the exercising of such powers, and the control on administrative authorities through various methods such as the concept of ‘checks & balances’.
Transition in the perception towards the role of State has led to an increase in the importance of Administrative Law. The perception is changing from that of the defence & administration of justice to that of a welfare state. People demand the State to act in the interest of solving their problems rather than merely the definition of their rights.
Article 244 of the Indian Constitution is indicative of the Administrative laws in force in India.
What the Administrative law is and what it does?
The three organs of the government, Judiciary, Executive, Legislature enjoy reasonable amount of powers. Judiciary enjoys a lot of independence and helps in keeping a check on all the organs.
There are several forms of administrative policies in play. For example, delegated legislation is one of the methods which are employed for the purposes of administration.
In the words of Shukla, “A great deal of legislation takes place outside the legislature in government departments, bearing varied nomenclature; rules, regulations, bye laws, schemes, orders, notifications, etc.” Delegated legislation is spoken of in Article 312 of the Constitution of India.
In the system of Administrative Law, the principles of Natural Justice must always be observed.
What are the applicable laws for Administrative Cases?
Some of the Laws and statutes applicable to administrative case are;
Commissions of Inquiry Act, 1952
Right to Information Act, 2005
Judicial Officers Protection Act, 1850
Prevention of Corruption Act, 1988
Administrative Tribunals Act, 1985
Central Vigilance Commission Act, 2003
Administrative Tribunals in India
The Administrative Tribunals Act in 1985 was enacted with an intention of administering justice to the aggrieved government servants. Administrative Tribunals Act owes its origin to Article 323-A of the Constitution which empowers Central Government to set-up by an Act of Parliament, Administrative Tribunals for adjudication of disputes and complaints with respect to recruitment and conditions of service of persons appointed to the public service and posts in connection with the affairs of the Union and the States.
In pursuance of the provisions contained in the Administrative Tribunals Act, 1985, the Administrative Tribunals set-up under it exercise original jurisdiction in respect of service matters of employees covered by it. As a result of the judgement dated 18 March 1997 of the Supreme Court, the appeals against the orders of an Administrative Tribunal shall lie before the Division Bench of the concerned High Court.
The Administrative Tribunals exercise jurisdiction only in relation to the service matters of the litigants covered by the Act. The procedural simplicity of the Act can be appreciated from the fact that the aggrieved person can also appear before it personally. The Government can present its case through its departmental officers or legal practitioners. Thus, the objective of the Tribunal is to provide for speedy and inexpensive justice to the litigants.
The Act provides for establishment of Central Administrative Tribunal (CAT) and the State Administrative Tribunals. The CAT was set-up on 1 November 1985. Today, it has 17 regular benches, 15 of which operate at the principal seats of High Courts and the remaining two at Jaipur and Lucknow. These Benches also hold circuit sittings at other seats of High Courts. In brief, the tribunal consists of a Chairman, Vice-Chairman and Members. The Members are drawn, both from judicial as well as administrative streams so as to give the Tribunal the benefit of expertise both in legal and administrative spheres.
In Mayuri Pulse Mills v. Union of India, Court held that for an offence under Section 138 of N.I. Act, mens rea is not essential as the section brings into operation the rule of strict liability.
Jurisdiction for filing a cheque bounce case
In Dashrath Rupsingh Rathod v. State of Maharashtra it was held that a complaint regarding “dishonour of a cheque” can be filed only in the Court within whose local jurisdiction the offence was committed, i.e., where cheque was dishonoured.
Technical Reasons can not be grounds for Cheque Bounce case
Reason for the bouncing of cheque should not be of a technical nature, as technical irregularities are not covered by the provisions of Section 138 of the N.I. Act. For example, bouncing of a cheque due to incorrect date entered, or due to discrepancy between amount in words and figures, not being in MICR form, etc.
Important Procedures under Cheque Bounce law
1. Cheque must be presented to the bank for payment within a period of three months (earlier it was 6 months) from the date mentioned on the cheque.
Reliefs available under Adoption Laws
Fine and Punishment under Section 138 of the N.I. Act
Punishment for the above-mentioned offence is a fine which may extend to twice the amount of the original cheque or imprisonment for a term which may be up to two years or both.
Interim Compensation can be ordered
Court can pass an order to pay interim compensation during the pendency of the court. (This law is getting enacted)
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