In the case of P Arumugam vs. the General Manager TNCSC, a Madras High Court bench comprised of Justice MS Ramesh recently observed that when a complaint is made to statutory authorities, they should act on it and not keep it pending indefinitely; authorities should consider the matter on merits and pass appropriate orders.
Non-consideration of representation by statutory authorities would amount to dereliction of duty, according to the Court, and the supreme court is invoking its powers under Article 226 to evaluate the same within a certain time frame.
“It is needless to point out that whenever a representation of this nature is made to a Statutory Authority, there is a duty cast upon the respondents to consider the same on its own merits and pass appropriate orders in one way or other, instead of keeping the same pending indefinitely. As such, non-consideration of the representation by the Statutory Authority would amount to dereliction of duty and hence, this Court will be justified in invoking its extraordinary powers under Article 226 of the Constitution of India and direct them to consider the same within a stipulated time.”The Bench Observed
Petitioners had petitioned the Dy. Collector, requesting an investigation into 3049 missing paddy bags from the District Paddy procurement center.
Respondents were then asked by the court to consider the petitioner’s representation and issue an order within twelve weeks.