The High Court held that the petition for disciplinary action against an official was not suitable for Public Interest Litigation. Consequently, the Court dismissed the petition and directed the petitioner to pursue the matter through appropriate authorities.
Petitioner at liberty to pursue the matter before the authority concerned.
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Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4157 of 2018
Petitioner :- Umesh Prasad Respondent :- State Of U P And 2 Others Counsel for Petitioner :- Ram Sumer Chaudhary Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,J. Hon'ble Chandra Dhari Singh,J.
Under this petition for writ said to be filed in Public Interest Jurisdiction a claim is made to initiate disciplinary action against the respondent no. 4 Sri Jagdish Shukla, former District Basic Education Officer, Sant Kabir Nagar alleging certain corrupt practices adopted by him while discharging official duties.
Petitioner before approaching this Court submitted a representation to the Additional Chief Secretary (Basic Education), U.P.
Looking to the nature of the dispute we are not inclined to entertain this petition for writ in Public Interest Jurisdiction. Writ petition is dismissed. Petitioner is at liberty to pursue the matter before the authority concerned, in accordance with law.
Order Date :- 16.8.2018
Shekhar
[Chandra Dhari Singh, J.] [Govind Mathur, J.]
2 issues framed by the court
Whether to entertain a public interest litigation petition seeking disciplinary action against an official.
Whether the matter falls within the jurisdiction of the Court in Public Interest Litigation in place of a writ.
Umesh Prasad
State Of U P
2 Others
Govind Mathur, J.
Chandra Dhari Singh, J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
