Petitioner, a journalist, filed PIL challenging a Municipal Council advance of funds to a contractor against tender terms. Court dismissed prayer for punitive action as the issue was resolved and recovery made.
Prayer for punitive action against councillors was dismissed.
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.
(5)-PIL-89-14.doc .
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO.89 OF 2014
Shri. Vinayak Shankar Jadhav ..Petitioner Versus The State of Maharashtra and others ..Respondents
Mr. Harshad M. Inamdar, Advocate for the Petitioner. Ms. Nisha Mehra, AGP for Respondent – State. Mr. D. P. Adsule, Advocate for Respondent No.3.
CORAM : PRADEEP NANDRAJOG, C.J. & N. M. JAMDAR, J.
DATE : 19th JUNE, 2019
P.C.
This is a Public Interest Petition. If no injury is finally
caused to public interest the Court would not interfere. The Petitioner, a journalist, draws attention of the Court that the Municipal Council
Kulgaon Badlapur advanced ₹ 5.8 crores to a contractor to whom post tender being floated the work was allotted. This according to the Petitioner was not permissible because the terms of the tender did not
permit mobilization advance to be made. The reply filed brings out
that the Collector issued a notice to the Councillors and upon being
1 o f 2
BGP.
(5)-PIL-89-14.doc .
informed that the mobilization advance together with interest as per the terms of the disbursement was recovered, dropped proceedings against the Councillors. Since public interest was ultimately adversely affected, we are not inclined to grant the prayer made that punitive action be taken against the Councillors. The Public Interest Petition is dismissed.
N. M. JAMDAR, J CHIEF JUSTICE
2 o f 2
BGP.
2 issues framed by the court
Whether the Court ought to grant punitive action against local councilors for advancing funds in violation of tender terms.
Whether the matter requires judicial intervention as it did not result in final injury to public interest.
Shri. Vinayak Shankar Jadhav
The State of Maharashtra
PRADEEP NANDRAJOG
N. M. JAMDAR
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
