This PIL regarding illegal outsourcing employed to Nagar Panchayat Ghosia was dismissed as it lacked public interest since the petitioner had a personal stake and no law prohibited outsourcing.
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Court No. - 9 Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1645 of 2020 Petitioner :- Avdhesh Yadav Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Salilendu Kumar Upadhyay Counsel for Respondent :- C.S.C.
Hon'ble Sanjay Yadav,J. Hon'ble Jayant Banerji,J.
Heard Shri Salilendu Kumar Upadhyay, learned counsel for the petitioner, Shri N.D.Shukla, learned counsel for respondent Nos. 4 & 5 and learned Standing Counsel for the State of UP.
Stating that he is a public spirited citizen, a Social Worker and a corporator of Ward No.8, Dariya Ganj, Nagar Panchayat Ghosia, District Bhadohi, the petitioner has filed this petition in public interest seeking the directions for the respondents to cause an enquiry as to illegal working of Ziledar Singh as clerk in the office of Nagar Panchayat Ghosia. District Bhadohi.
It is urged that though there exist the statute, i.e., Nagar Palika Adhiniyam, 1916, which mandates eligible criteria for an appointment of the Ministerial Staff. Yet the Chairman in personal interest instead of getting regular incumbent through the recruitment has outsourced these work to the agency who keep on engaging ineligible individuals against permanent post. It is urged that one Ziledar Singh who is engaged as clerk is an ex-employee having charges of misconduct against him, has been retained even after his retirement on the contract basis as outsourced personnel. The act of the Chairman in getting Ziledar Singh engaged through outsourced agency, as urged, is an arbitrary exercise of power and if permitted to continue till the detrimental to public interest.
Considering the contentions and taking note of the averments in the petition, we are of the opinion that the petitioner has a personal interest in not getting said Ziledar Singh work in Nagar Panchayat even as an outsourced personnel. Furthermore, since we are not apprised of any statutory provision which prohibits outsourcing, we are not inclined to cause any indulgence as we perceive the present petition being not in public interest.
Consequently, petition fails and is dismissed .
No costs.
Order Date :- 21.1.2021 LN Tripathi
(Jayant Banerji, J.) (Sanjay Yadav, J.)
2 issues framed by the court
Whether the petition qualifies as a public interest litigation given the petitioner's personal interest and lack of statutory prohibition.
Whether the appointment of Ziledar Singh as outsourced personnel is arbitrary and illegal.
Avdhesh Yadav
State Of U.P.
Jayant Banerji
Sanjay Yadav
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
