The Single Judge Court dismissed a Public Interest Litigation filed by an employee challenging service orders concerning name changes and recruitment. The Court held that PILs are not maintainable in individual service matters.
The petition was dismissed as not maintainable.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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905-PIL-8-14
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST LITIGATION NO. 8 OF 2014
Nathu Dadu Gahin .. Petitioner versus Union of India & Ors. .. Respondents.
Mr. J. S. Kini with J. M. Puranik for Petitioner. Mr. D. P. Singh with Dr. G. R. Sharma for Respondent.
CORAM: MOHIT S. SHAH, C. J. & M. S. SONAK, J. DATE : 18 July 2014
P.C.:
This Petition purporting to be a Public Interest Litigation challenges the order dated 5 March 2013 of Flag Officer Commandingin-Chief, Western Naval Command, Mumbai, in respect of service matter of Shri Manjot Singh, CCPO, WNC / Shri Manjot Singh Bindra. The Petition concerns change of name, irregularities in Departmental Competitive Examination for the post of UDC, the continuance of appointment in the post of CCPO/WNC and recruitment of LDCs during the year 2008 etc.
2] The Petitioner claims, to have locus standi only on the ground that the Petitioner was also one of the employees of the same
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Organization in which the above named officer is serving. The contention is thoroughly misconceived. As per the settled legal position, PILs are not to be entertained in service matters in terms of the Judgments of the Supreme Court in the cases of Dr. Duryodhan Sahu vs. Jitendra K. Mishra1 and Dattaraj Nathuji Thaware vs. State of Maharashtra & Ors .2 On this short point alone, we are not inclined to entertain the Petition, the same is accordingly dismissed.
( CHIEF JUSTICE)
(M. S. SONAK, J.)
Chandka
1 AIR 1999 SC 114
2 AIR 2005 SC 540
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1 issue framed by the court
Whether a Public Interest Litigation can be entertained in a specific service matter regarding name change and recruitment irregularities.
Colour shows how this judgement treated each authority
Dr. Duryodhan Sahu vs. Jitendra K. MishraFollowed¶14
AIR 1999 SC 114 · Who else cites this
Dattaraj Nathuji Thaware vs. State of Maharashtra & OrsFollowed¶14
AIR 2005 SC 540 · Who else cites this
Nathu Dadu Gahin
Union of India
Mohit S. Shah
M. S. Sonak
As recorded by the court registry
Litigation brought on behalf of the public interest rather than a personal grievance, relaxing the usual rule of locus standi.
Judgements on the same questions, provisions and authorities, from every court
