The Court disposed of a PIL alleging that a union leader employee was drawing salary without working. Noting the petitioner 's lack of locus and the employee 's subsequent retirement, the court found the petition infructuous and directed employers to ensure future compliance with attendance rules.
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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JPP
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION (St.) NO. 10109 OF 2018
H.M. Padte … Petitioner.
V/s.
The Union of India and Ors.
... Respondents.
Mr. S.G. Deshmukh, I/b. Sanket Deshmukh for the Petitioner. Mr. P.M. Palshikar a/w. Mr. A.R. Gole for Respondent No.1. Ms. Sonali Humane I/b. Ranjana Todankar fo Respondent No.5. Ms. Rajalaxmi Mohandas I/b. Rajalakshmy Associates for Respondent No.2.
CORAM : NARESH H. PATIL,C.J. & N.M. JAMDAR, J.
DATE : 13 MARCH 2019.
P.C. :-
The learned Counsel for the Petitioner raises as issue alleging that the Respondent No. 5 - Dinesh Hiraji Gharat, who has been drawing the salary without working since last 10 to 15 years, still the Respondents - Employers have failed to take any action against such an employee. The learned Counsel for the Petitioner submits that probably the Respondent No.5 - Dinesh being a union leader, no action was taken against him. The learned Counsel
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submits that inspite of being public exchequer, the Respondent Nos. 1 and 2 has disbursed the salary in favour of Respondent No. 5 without his presence on duty.
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stands disposed of.
N.M. JAMDAR, J. CHIEF JUSTICE
2 issues framed by the court
Whether the petition regarding an employee drawing salary without working is maintainable.
Whether the petition remains maintainable after the alleged non-working employee retired.
H.M. Padte
The Union of India
Dinesh Hiraji Gharat
NARESH H. PATIL
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
