Petitioner filed a PIL regarding service matters of MHADA employees and corrupt practices. The High Court held PIL jurisdiction is not exercisable in service matters and dismissed the petition.
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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PILL 24 of 2016
Vat
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
PUBLIC INTEREST INTERST (L) No. 24 OF 2016
Mr. I.S. Khan ...Petitioner Vs. The Vice President and Ors. ...Respondents
None for the Petitioner
Ms. Sharmila Deshmukh, for the Respondents
CORAM : V. M. KANADE & M.S. SONAK, JJ.
DATE : AUGUST 3, 2016
P.C. :
appearing on behalf of the Respondents.
other writ as the Hon'ble Court may deem fit and proper be issued calling for the entire concerned documents and the entire records from the office of the Respondents Nos. 1 to 4 in
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PILL 24 of 2016
respect of the above subject matter touching to the orders passed by the concerned respective officers.
(b) That this Honourable Court be pleased to issue the Writ of Certiorari and/or such other Writ in this P.I.L. As the Hon'ble Court may deem fit and proper ordering and directing the Respondent Nos.1 to 4 to produce the documents and action report that on what basis Sai Mrs. Parab AAO is holding post two posts at once, signing on the place of Divisional Accountant.
(c) Under this PIL, the officers who are involved in the corrupt practices of the above nexus. All shall be dealt in criminal offences which they have committed and be prosecuted in law after investigating by the competent investigating agency.
(d) That they enquiry under SIT be appointed to investigate the grave offences of corrupt practices by the Respondents in the above said projects.”
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PILL 24 of 2016
M.S. SONAK, J. V.M. KANADE, J.
Vaishali Tikam
2 issues framed by the court
Whether PIL jurisdiction can be exercised to adjudicate service matters of employees of MHADA.
Whether the reliefs regarding dishonor of cheques, appointment of SIT, and prosecution of officers are maintainable in a PIL.
1 provisions across 1 enactments
Mr. I.S. Khan
The Vice President and Ors.
V. M. KANADE
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
