Tuesday, October 25, 2011

Whether a Govt Servant file a writ petition without getting prior permission from the government?

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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