Delay in issuance of caste certificate
I have applied for SC(caste) certificate in 2015 in Howrah(offline) based on my Father SC(caste) certificate in Birbhum but till date not received any certificate. I have gone number of times in the Howrah office but every time they told me that verification is pending. So for that I have personally visited to Father's SC certificate issuance office(Birbhum) and as per them they have sent all the proofs for verification. They have also given me a xerox copy of the same. But still the Howrah office is not giving concrete response. And again today when I requested for the same in Howrah office they told me that I have to apply Online because it is 2015 case and it is 2017. I am waiting for 2 years for the same and I have done all the things required for issue of certificate. And my old parents are also victim of this harassment. They don't know the value of time and effort. Please suggest me what should I do. Should I take help of RTI?
You can approach High Court under article 226 of the coinstitution of india challenging the uin action on the part of the erring officers with a prayer of Mandamus for directing them to do the needful in accordance with law.
The first and the foremost legal recourse to be taken at this point is filing an RTI application before the department, seeking certain queries that will clear most of your doubts as to the exact legal procedure that the department follows while issuing the caste certificate. Also, these RTI answers will further help you taking your next step of filing a complaint in the court of law.
Please make sure that the RTI that you file must contain the below mentioned questions:Kindly provide me a copy of the said order/circular, rules and procedure governing the issuance of caste certificate Kindly provide me a list of the names and designations of the authority involved in the issuance of caste certificate Kindly provide a list of documents that needs to be submitted for issuance of caste certificate. Kindly provide me with the current status of the pending application submitted on _______(application no. + details)________for getting the caste certificate issued. Once the RTI is received by you and the answers are as per your satisfaction, a criminal prosecution can be initiated against the government servant involved with the issuance of such certificates. As per the mandate of section 166 of The Indian Penal Code, the law suggests rather intends to punish a public servant who knowingly disobeys any direction of the law thereby causing injury to any person. Also, if it seems through the RTI answers that it is solely the mistake of public servant which is causing such a delay, certain other provisions under the The Scheduled Castes And The Scheduled Tribes (Prevention Of Atrocities) Act, 1989 get attracted. Section 4 of the said act, to be specific. It tends to punish the public servant for wilfully neglecting his duties required to be performed by him under this Act.
Incase you are facing any difficulty pursuing the above advice or want any help in filing the case. Please follow the link below
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