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Q.

I had a criminal case in which the property was to be attached, the collector was asked to do it, he failed to do it and in the mean time the Debt Recovery Tribunal auctioned the property off. A show cause notice was sent after which they pretended to have it attached and asked the new owner to file in as third party, which was not allowed by the court, they went into appeal and lost there too. I have been told that the collector being a govt servant will not be prosecuted and hence I will be wasting my time. Can anyone enlightened me because I would not have lost if the coll had acted on it

Asked by Domnic Braganza, 20 Jun '09 10:20 pm
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Answers (1)

1.

Brazen defiance of law or rules and regulations by a government official including the so called collector etc. will tantamount to commiting a serious misconduct and is punishable within the conduct rules including criminal liability. Defiance of rule for purposes of depriving an individual of his bonafide and genuine claims or benefits or for ulterior motives is a serious offence in the eyes of law and applicability of law does not provide for exceptions be it small or however big the official may be . His responsibility will be fixed and the sufferer or aggrieved, you being in the instant case, shall be provided with the much deserved relief. There is no reason that you should ponder much on such an issue under these circumstances and must put forth your claim without bothering for the commissioner.
Answered by om sharma, 21 Jun '09 09:37 pm

 
  
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