A PIL seeking suspension of a State employee for having a third child was dismissed. The High Court held the petitioner was a stranger to the employment relationship and that service matters are generally not entertained via PIL.
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.
902-PIL.80.2022
SALUNKE J V
Digitally signed by SALUNKE J V Date: 2022.07.11 18:24:32 +0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
PUBLIC INTEREST LITIGATION NO. 80 OF 2022
Prashant R. Phanse } Petitioner versus The State of Maharashtra } and Ors. } Respondents
Mr. Pandit Kasar i/b. Vis Legis Law Practice for the petitioner.
Mr. P. P. Kakade, Government Pleader with Mr. M. M. Pable, AGP for State.
CORAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.
DATE: JULY 11, 2022
P.C.:
1. The petitioner seeks an order on the respondents to place the respondent no. 5 under suspension and to initiate disciplinary proceedings against him in view of his having a third child in his wedlock with his second wife.
2. This is a public interest litigation. The petitioner appears to be a stranger in respect of the employer-employee relationship with the State and the respondent no. 5. No public interest litigation in respect of a service matter is entertainable in view of several decisions of the Supreme Court.
3. The writ petition is thoroughly misconceived and, accordingly, stands dismissed. No costs.
(M. S. KARNIK, J.) (CHIEF JUSTICE)
Page 1 of 1
J.V.Salunke,PS
2 issues framed by the court
Whether a public interest litigation is maintainable to seek suspension and initiation of disciplinary proceedings against an employee regarding personal conduct unrelated to public interest.
Whether the petitioner, being a stranger to the employment relationship, has locus standi to approach the court for service matters.
Prashant R. Phanse
The State of Maharashtra
Dipankar Datta
M. S. Karnik
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
