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Writ under Article 226 of the Constitution is to give a quick and effective remedy to a private citizen against the high-handedness or absence of equity on the part of a Government department or its instrumentality.
But a Government official cannot file a writ petition against the Government department in his official capacity because that would amount to Government complaining against itself, said the Delhi High Court in Union of India v. Ind Metal Extrusions Ltd when the excise commissioner filed a writ petition against grant of exemption to the respondent.
He said the undeserving grant of exemption by the Union Government resulted in a loss to the exchequer. The Court pointed out that the dissatisfied official should pursue appellate remedies if he wanted but he could not possibly seek quick relief through the extraordinary measure of writ.
(The author is a New Delhi-based chartered accountant)
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