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Report No. 100

Grounds of recommendation to be made by Litigation Ombudsman

(ix) The grounds on which the Litigation Ombudsman may make a recommendation should be wide enough. He should have power to make a recommendation with respect to any decision, act or omission of the Government or its officer, if he is satisfied that the decision, act or omission-

(a) was contrary to law; or

(b) was unreasonable, unjust, oppressive, or improperly discriminatory, or was in pursuance of a rule of law or a provision of any enactment or a practice which itself is unreasonable, unjust, oppressive, or improperly discriminatory, wherein the circumstances legal redress could have been claimed; or

(c) was based wholly or partly on a mistake of law; or

(d) was wrong in law; or

(e) involved the exercise of a discretionary power for an improper purpose or on irrelevant grounds, or by taking irrelevant considerations into account, or omitted to give reasons where reasons should have been given for the decision.

(x) The Litigation Ombudsman, in his discretion, may refuse to investigate or may case to investigate, a grievance-

(a) if it is trivial, frivolous or vexatious or is not made in good faith, or

(b) if the facts alleged show no legal cause of action and no impropriety of the nature mentioned above.

Litigation by and against the Government - Some Recommendations for Reform Back

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