Dismissed

Balbir Singh Chabbra v. State of Maharashtra, through Secretary, General Administration Dept and Anr.

Bombay HC1 Apr 2014PIL/38/2014

Case brief

AI extract

What is this about?

In this PIL, the petitioner challenged the transfer of Mr. Pardeshi alleging political intervention. The Court observed that PILs are not maintainable in service matters except for writs of quo warranto, citing Supreme Court precedents, and was unable to interfere with the administrative transfer order.

What did the court decide?

The Public Interest Litigation is rejected.

Balbir Singh Chabbra Vs State of Maharashtra, through… — Service and Employment | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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APPELLATE SIDE

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PUBLIC INTEREST LITIGATION NO.38 OF 2014

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Balbir Singh Chabbra : Petitioner V/s. State of Maharashtra & Anr. : Respondents …

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Mr.M.M.Vashi, Senior Advocate, amicus curiae.

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Mr.B.S. Chabbra, Petitioner in person.

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Mr.S.N.Patil, Asstt. Govt. Pleader for Respondent no.1.

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Mr.Deepak Ravindra More for Respondent no.2.

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CORAM : A.S. OKA & A.A. SAYED, JJ.

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DATE : APRIL 01, 2014.

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P.C.:

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We have heard the Petitioner appearing in person. Mr.Vashi, learned Senior Counsel was requested to assist the Court.

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Mr.Pardeshi was appointed as the Commissioner of the Pimpri-

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Chinchwad Municipal Corporation on 23.05.2012. He was transferred on 07.02.2014 to the post of Inspector General of Registration and Controller of Stamps, Pune.

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The Petitioner appearing in person invited our attention to the

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averments made in the PIL and in particular paragraph 6 thereof. He has set out the good work done by Mr.Pardeshi while holding the post of Commissioner of the Municipal Corporation. Today, he has tendered across the Bar various newspaper cuttings and urged that common people residing within the Municipal Corporation limits always supported Mr.Pardeshi. He urged that it is obvious that as Mr.Pardeshi not only performed his duties to the best of his abilities, but he proceeded against several illegal structures within the limits of the Municipal Corporation, he has been transferred. He urged that only due to political intervention for protecting illegal structures, Mr.Pardeshi has been transferred. He, therefore, submitted that this Court must interfere with the order of transfer of Mr.Pardeshi.

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The learned Senior Counsel Mr.Vashi who has assisted the Court pointed out various decisions of the Apex Court right from the decision in the case of Dr.Duryodhan Sahu and Ors . v. Jitendra Kumar Mishra and Ors.¹ He urged that the view taken by the Apex Court seems to be that for issue of a writ of quo warranto, a PIL is not maintainable in service matters.

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The learned Asstt. Govt. Pleader has produced for perusal of the Court the original file in relation to transfer of Mr.Pardeshi. We have perused the original file. The original file shows that on 16.02.2014, transfer

1 AIR 1998 SC 114

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of 18 Indian Administrative Service Officers was proposed. All 18 transfers were proposed for administrative reasons and in public interest. The file shows that the Hon'ble Chief Minister approved all the 18 transfers on the same day i.e. on 16.02.2014. As far as the proposal of Mr.Pardeshi is concerned, the transfer was proposed on administrative reasons and in public interest.

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Thus, from the file, we find that transfer of Mr.Pardeshi is not an isolated case of transfer and, as stated earlier, along with 17 other Officers, the order of transfer of Mr.Pardeshi was passed.

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At this stage, we must make a reference to the decision of the Apex Court in the case of Hari Bansh Lal v. Sahodar Prasad Mahto and Ors .² and in particular what is held by the Apex Court in paragraph 20. In paragraph 20, the Apex Court has held as follows:

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“20. From the discussion and analysis, the following principles emerge:

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(a) Except for a writ of quo warranto, PIL is not maintainable in service matters.

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(b) For issuance of writ of quo warranto, the High Court has to satisfy that the appointment is contrary to the statutory rules.

2 AIR 2010 SC 3515

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function of the appointing authority and not of the Court unless the appointment is contrary to statutory provisions/rules.”

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In view of the law laid down by the Apex Court, it is not possible for this

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Court to interfere with the order of transfer of Mr.Pardeshi in this PIL.

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Hence, the PIL is rejected.

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(A.S. OKA, J.)

Balbir Singh Chabbra v. State of Maharashtra, through Secretary, General Administration Dept and Anr.

Case brief

What is this about?

What did the court decide?

Balbir Singh Chabbra v. State of Maharashtra, through Secretary, General Administration Dept and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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