Skip to main content

Ombudsman

 Ombudsman


Dictionary meaning of ombudsman states - And official appointed to investigate individuals are complaints against a company or organisation, specially a public authority

Three keyboards hear 

1- is an official appointed to investigate

2 - investigate what? Individuals complain

3-Complain against whom ? complaint against the company or organisation say public authority

With British it is an another word for Parliamentary commissioner.

Origin of ombudsman happened in Swedish , They call ombudsman as legal representative, they are basically two types of ombudsman 

1-justice ombudsman 

2 - militile ombudsman

An justice ombudsman supervises all the judges government officials and civil servants, while military ombudsman observes or supervises the military affairs.

The word ombudsman is basically a Scandinavian word which means commissioner who has the duty of investing and reporting to Parliament on complaints from citizens against the government authorities .

Concept of ombudsman flourished in China during the Qin Dynesty (221 BC), in Finland during 1919, in Denmark during 1953, in New Zealand during 1962, in India via chief vigilance officer 1962, in Norway 1963, in England 1966 , in Australia’s 1976.
History of ombudsman in India

During 1960, the concept of a constitutional ombudsman was first proposed in Parliament by law minister Ashok Kumar Sen in the early 19.

During 1962 , M C setalvad then attorney general of India suggested for ombudsman at the all India lawyers conference with the idea to deal with corruption charge both and political and official level

During 1968 the first Jan lokpal Bill was proposed by Adv Shanti Bhusan . The Bill got passed in Lok Sabha but didn’t pass through in Rajya Sabha.

In 1971 The Bill got introduced again and failed.

Between the year 1960 age to 2013 the bill got introduced 10 times and failed.

In 2011 Anna Hazare‘s anticorruption movement made an impact.

Finally on 18 December 2013 the lokpal Bill was passed.


Basically a public relies on public servants for their safety and rights but when their rights are breached or safety or hampered if the public servant does not serve justice or perform their duty for the public, the public can remain disappointed. An ombudsman is an agent, officer, commissioner who works on the complaints received by the public against the public authorities in case public are not satisfied by the service a remedy provided by the public Authority.

Ombudsman who has the duty to investigate and report to the parliament on complaint of the citizens against the public Authority .

Administrative authority are the most required thing in the society, A state cannot be imagined without administrative authority it would be an utter chaos , ombudsman are not such an essential part if administrative authority are functioning according to requirement of the functions and procedures they need to follow.

When they fail in providing their service or lack in functioning or act unreasonable in their authority or when they’re taking wrong decisions or when their doing mistakes of law and fact or when they cannot sort out the questions of law or when they’re using the administrative discretion unfairly , Ombudsman comes into picture . Ombudsman receives the complaint from the public and investigates on it , it gives relief to the aggrieved party and report the matter to the legislature.

Comments

Popular posts from this blog

Section 58B of The Advocates Act - Special provision relating to certain disciplinary proceedings

 Section 58B The Advocates Act Description (1) As from the 1st day of September, 1963, every proceeding in respect of any disciplinary matter in relation to an existing advocate of a High Court shall, save as provided in the first proviso to sub-section (2), be disposed of by the State Bar Council in relation to that High Court, as if the existing advocate had been enrolled as an advocate on its roll. (2) If immediately before the said date, there is any proceeding in respect of any disciplinary matter in relation to an existing advocate pending before any High Court under the Indian Bar Councils Act, 1926 (38 of 1926), such proceeding shall stand transferred to the State Bar Council in relation to that High Court, as if it were a proceeding pending before the corresponding Bar Council under clause (c) of sub-section (1) of section 56: Provided that where in respect of any such proceeding the High Court has received the finding of a Tribunal constituted under section 11 of the Indian B

Case Laws related to Defamation in favour of ClaimantCase Laws related to Defamation in favour of Claimant. TOLLEY Vs, J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement. Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be asked to resign from his respective club. Furthermore, there was evidence that the possible adverse effects of the caricature on the claimant’s reputation were brought to the defendants’ attention. The trial judge found that the caricature could have a defamatory meaning. The jury then found in favor of the claimant. Held The House of Lords held that in the circumstances of this case – as explained by the facts – the caricature was capable of constituting defamation. In other words, the publication could have the meaning alleged by the claimant. The Lords also ordered a new trial limited to the assessment of damages. NEWSTEAD V LANDON EXPRESS NEWSPAPER LTD, (1939) Facts: A newspaper published a defamatory article about Harold Newstead. However, another person with this name brought an action in libel. He claimed that the article had been misunderstood as leading to him. The defendant newspaper recognised that they published the article. Also, they denied that they had the intention of being defamatory of him. Consequently, the claimant argued that the newspaper was under a duty. The duty was to give a clear and complete description of the correct person. Moreover, the claimant argued that the defendants were in breach of the duty. Issues: The issue in Newstead v London Express Newspaper, was if the reasonable persons would have understood the words complained of to refer to the plaintiff. Held: The Court of Appeal stated that in accordance with the current law on libel, liability for libel does not depend on the intention of the defamer; but on the fact of the defamation. Accordingly, a reasonable man, in this case a newspaper publisher, must be aware of the possibility of individuals with the same name and must assume that the words published will be read by a reasonable man with reasonable care.

  Case Laws related to Defamation in favour of Claimant.  TOLLEY  Vs,  J.S FRY & SONS LTD – (1931) Facts The defendants were owners of chocolate manufacturing company. They advertised their products with a caricature of the claimant, who was a prominent amateur golfer, showing him with the defendants’ chocolate in his pocket while playing golf. The advertisement compared the excellence of the chocolate to the excellence of the claimant’s drive. The claimant did not consent to or knew about the advertisement.   Issue The claimant alleged that the advertisement suggested that he agreed to his portrait being used for commercial purposes and for financial gain. He further claimed that the use of his image made him look like someone who prostituted his reputation for advertising purposes and was thus unworthy of his status. At trial, several golfers gave evidence to the effect that if an amateur sold himself for advertisement, he no longer maintained his amateur status and might be aske

Rules as to delivery of goods

                             Rules as to delivery of goods Section 2(2) of Sale of Goods Act defines ‘delivery’ as a ‘voluntary transfer of possession from one person to another.’ Thus, if the transfer of goods is not voluntary and is taken by theft, by fraud, or by force, then there is no ‘delivery. Moreover, the ‘delivery’ should have the effect of putting the goods in possession of the buyer. The essence of the delivery is a voluntary transfer of possession of goods from one person to another. There is no delivery of goods where they are obtained at pistol point or theft. 1. Mode of Delivery: According to Section 33, delivery of goods sold may be made by doing anything which the parties agree shall be treated as delivery or which has the effect of putting the goods in the possession of the buyer or of any person authorized to hold them on his behalf. Delivery of goods may be actual, symbolic or constructive. 2. Expenses of Delivery: According to Section 36(5), unless otherwise agree