Failure To Act Upon Complaints by Govt Officials Unconstitutional

IN THE HIGH COURT OF JUDICATURE AT MADRAS S.M. SUBRAMANIAM; J. W.P.No.44644 of 2016; 28.10.2022 S. Mukanchand Bothra versus Chief Secretary

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The petitioner in person made a submission that the complaint given by his father was not acted upon nor a Criminal Case was registered against the accused persons in the manner known to law.

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There are several allegations against the 2nd respondent even before filing of the writ petition and the first respondent has failed to initiate appropriate action against the second respondent, despite the complaint given by the original writ petitioner.

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6. There is a force in the contention of the petitioner that the action was not taken in time. It is for the first respondent to look into the facts and circumstances and if any lapses committed by the authorities, who was holding the position at that point of time is responsible, then all appropriate actions are to be taken. The public authorities are expected to perform their duties diligently and in the interest of public at large. Whenever a complaint is filed and there is some information, which requires an action, then the authorities competent are bound to act without any loss of time. In the event of failure, it will result in no confidence on the public authorities and such an inaction and omission is unconstitutional. Thus, the delay caused at the instance of the authorities are also to be looked into and such unnecessary and enormous delay in initiating an action is to be avoided in future.

7. In this regard, the first respondent has to initiate all appropriate action to ensure that the actions in these kind of complaints against the public authorities are addressed within a reasonable period of time.