• Service matter

Duties and responsibilities :
Fisheries Officer:
•To look after breeding, feeding, brood stock management at farms under their control.
•Distribution of fish seed to the fish farmers on demand against payment.
•Management & Development of Inland Fisheries, Reservoir Fisheries and Cold Water Aquaculture.
•Process FFDA’s & subsidy cases of fish farmers.
•To assist the Asstt. Director of Fisheries in the implementation of various schemes and plans.
•To issue licenses for fishing by the fishermen in the rivers in his jurisdiction.
•To compound illegal fishing cases.
•Imparting training & technical assistance to the fish farmers.

Farm Assistant:
•In charge of live stock at fish farm
•Help in feeding & breeding of fish.
•Packing of fish seed etc.
•Supervise the work of Fishermen/ Field Assistants posted at farms.
As per the above description, in case of any mortality(death) to the live stock, on whom the responsibility should be fixed and loss should be recovered. can the responsibility be fixed and amount should be recovered from the fisheries officer on account of loss. In case of fisheries officer held responsible and have been put a recovery, what action he/she should take
Asked 3 years ago in Civil Law from service matter, Himachal Pradesh
1) it should be on fisheries officer and farm assistant 

2) fisheries officer does not personally feed the fish . he is in overall charge .

3) if death has arisen due to negligence then responsibility can be fixed on both .

4) show cause notice would be issued to FO . he has to submit detailed reply and dispute his liability . let order be passed . 

5) then  file an appeal before concerned authorities 
Ajay Sethi
Advocate, Mumbai
46702 Answers
2763 Consultations

5.0 on 5.0

Until the reported losses are attributed to the human error or fault of the administration, the fisheries officer cannot be held responsible for the loss or liable for the same .
In the event of mal administration, the head of the department will be held liable for the losses and the department or the organization after proper inquiry may fix the responsibility and initiate steps for recovery as per prevailing law and rules in this regard. 
Under such circumstances mentioned above the officer incharge has to fight and challenge the allegations against his/her on the basis of merits in his side as well as the evidences in his possession. 
One cannot escape the wrath of law for his own fault. 
T Kalaiselvan
Advocate, Vellore
36859 Answers
403 Consultations

5.0 on 5.0

1. The liability for mortality, in view of the charter of duties and responsibilities extracted by you, rests on the farm assistant. The loss can be recovered from him by filing a lawsuit.

2. If the fisheries officer has been held liable for the mortality and subsequent loss, he may challenge the action of the employer in the court. 
Ashish Davessar
Advocate, Jaipur
23120 Answers
639 Consultations

5.0 on 5.0

1. Is the farm Assistant working independently?

2. Or he is reporting to the Fisheries officer?

3. In the above case the Farm Assistant is primarily responsible for the said loss but Fisheries Officer also can not be shied away from his supervising responsibility,

4. Fisheries officer shall have to find out technical faults of the disciplinary proceedings including enquiry and take legal action against the management.
Krishna Kishore Ganguly
Advocate, Kolkata
18749 Answers
452 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from top-rated lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer