Subject to availability of statutory remedy provided under the law, a complaint / Notice may be recorded to the concerned public authority or to its regulating authority, followed by filing a writ petition in the respective High Court.

HERE IS how an individual or an organization can go about dealiing with illegalities occurring in a public institution in India.

(ii) In the alternative of pursuing aforesaid Writ remedy, or those who have not immediate access to High Court, may file a Civil Suit before the District Court, for the relief of mandatory Injunction, as defined under Section 39 read with Section 2(a) of the Specific Relief Act, 1963, or Declaration as contemplated under section 34 of the Specific Relief Act, 1963, seeking necessary reliefs. But before filing Civil Suit against any Public authority / officer, one is obliged to give notice under section 80 of CPC, 1908, to the concerned Public authority / officer. However, in urgent situation, one can file the Suit without issuing the said notice, specifying therein the reasons for urgency in filing the Suit.

(iii) Where it is alleged that a Public Officer is occupying a Public Office although he/she does not satisfy the qualifications prescribed for holding that Public office, then a Writ of Quo Warranto may be filed in the respective High Court for the removal of that Public Officer.

(iv) A complaint  may be recorded to  Anti  corruption  agencies  such as CBI, ACB, CVC, followed by a Writ Petition in the respective High Court if these aforesaid Agencies doesn’t act on the Complaint.

(v) A complaint may be recorded to Human Rights Commission, followed by a Writ Petition in the respective High Court if the said Human Rights Commission doesn’t act on the Complaint.

(vi) Where grievance is against a particular Public servant, then depending  upon  the  nature  of  alleged  illegal acts of said Public Servant, FIR to Police under  Section 166, 167, 217, 218, 221, 409 or under  any other Section of  IPC 1860 may be made, or a complaint may directly be made before respective Magistrates Court under section 200 read with section 190 of CrPC, 1973.

(vii) Where the grievance is in particularly relating to public nuisance, then  a complaint may be recorded  to District Magistrate (Collectorate of the District) / Commissioner of Police (in Metropolitan areas),  under section 133 of CrPC, 1973. Refer Landmark SC Judgment - Ratlam  Municipality versus  Vardichand, year 1980.

(viii) An RTI  application may be made,  thereby  seeking  information  as what action has been taken on the complaint made,  so  as  to  compel Public servants  to  perform  their  duties.

(ix) A Writ Petition may be filed in the respective High Court for seeking damages / compensation, if the alleged “inaction” of the public authority / public officer has resulted in frustration / deprivation of “life and liberty” of any person, as guaranteed under Article 21 of Constitution of India.

(x) A civil suit for seeking damages / compensation may be filed in the District Court / High court, if the alleged “inaction” of the public authority / public officer has directly resulted in manifest loss of property or reputation of the aggrieved citizen.

(xi) Where the Public authority is discharging quasi judicial function / if one is aggrieved by the illegal order passed by any Public authority; or is aggrieved by the fact that a Public authority has not given proper hearing / opportunity of presenting his case; or if the said authority is acting illegally in any manner, then, Subject to availability of other remedies of Appeal and Revision, a Writ of Mandamus / Certiorari under Article 226 OR under Article 227 (Article 227 contemplates the jurisdiction of High Courts, of Superintendence over all subordinate courts and tribunals), may be filed before respective High Court, challenging said illegal Order; or (i) A Writ Petition of Prohibition under Article 226 OR under Article 227 (Article 227 contemplates the jurisdiction of High Court, of Superintendence over all subordinate courts and tribunals), may be filed before respective High Court, stating therein the alleged illegalities committed by said lower court / tribunal and praying for HC to direct the said lower court / tribunal to not to pass any illegal order.

(xii) A complaint to respective governmental regulatory body of said defaulting company can be made alleging that the said company is indulging in unfair trade practices; and in the event the said  governmental regulatory body ignores / refuses to take any action against the said defaulting company, then, a Writ Petition can be filed against that  governmental regulatory body, in the respective High Court, seeking relief from HC, directing the said  governmental regulatory body to take appropriate action against that company indulging in unfair trade practices. What amounts to unfair trade practice is defined in the Consumer Protection Act, in the definition clause.

(xiii) If Police deliberately did not carried out effective investigation, a Writ Petition may be filed in respective High Court for seeking damages / compensation, if the “inaction” of the Police has resulted in frustration of “life and liberty” of a person, guaranteed under Article 21 of Constitution of India.

(xiv) If Police is negligent in carrying out effective investigation, then a Writ Petition  under Article 226 of Constitution of India read with  section  482  of  CrPC  1973,  to  the  respective  High  Court, may be made thereby HC directing the State Govt to refer the case to an independent agency like CBI or CID for thorough investigation.

(xv) If Police is negligent in carrying out effective investigation, then a Writ Petition  under Article 226 of Constitution of India read with  section  482  of  CrPC  1973, may be made to the respective  High  Court, thereby HC directing the Police to make thorough investigation.

(xvi) If the Police illegally arrest, then a Writ  of  mandamus may be preferred before respective High court seeking  exemplary  Damages / Compensation  from  respective  State  Government,  but  only  after  the  High  Court  in  the  Writ  of  Habeas  Corpus, OR  the  concerned Magistrates Court had released the accused recording that the said arrests was illegal, OR the concerned  Human  Rights  Commission  comes  to  the  conclusion  that  the  said  arrest  was  illegal.

(xvii) If the Police illegally arrest, then, a relative / friend of the arrested person may file a Writ  Petition  of  Habeas  Corpus  before  respective  High  Court  for  the alleged  illegal  arrest and immediate release of the person illegally arrested. 

(xviii) If a false FIR is filed or false case is filed in the Magistrates Court, then a Writ Petition  under  Article  226 of Constitution read with Section  482  of  CrPC, 1973 may be filed,  before  respective  High  Court,  for High Court in the exercise of their inherent powers,  to quash the  said false  FIR.