The Court dismissed the petitioner's petition seeking a direction to consider her representation based on Lok Pal Punjab's recommendation. Held that the Lok Pal's exercise does not fall within the Act's ambit, precluding a writ of mandamus.
Writ dismissing the petition cannot be issued in favour of the petitioner.
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.
IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH
CWP No. 10671 of 2009 Date of Decision: 23.09.2011
Kulwinder Kaur
...Petitioner
Versus
State of Punjab and others
..Respondents.
CORAM: HON'BLE MR. JUSTICE SURYA KANT
Present : Dr. M.L.Sachdeva, Advocate for the petitioner
Ms. Sudeepti Sharma, Deputy Advocate General, Punjab
SURYA KANT, J.(Oral)
The petitioner filed this petition seeking a direction to the respondents to consider her representation as per the recommendation made by the Lokpal, Punjab. Somewhat similar relief was sought in Civil Writ Petition 7155 of 2010 (Ashwani Kumar V. State of Punjab and another) which was dismissed by this Court on 22.04.2010 with the following observation:-
“In my considered view, the State Government has rightly observed that the exercise undertaken by the learned Lok Pal, Punjab causing re-determination of the inter-se merit of the candidates who competed for selection before a recruiting agency, does not fall within the purview and ambit of the Act, creating the office of learned Lok Pal. In these circumstances, this Court cannot issue a mandamus to implement the recommendations made by the learned Lok Pal, Punjab.”
CWP No. 10671 of 2009
[2]
Prior thereto a Division Bench of this Court has also taken a similar view in Sukhdeep Kaur V. State of Punjab and others 2008(4) S.C.T. 594.
For the reasons stated above, desired writ can not be
issued in favour of the petitioner.
Dismissed.
23.09.2011
' ravinder'
(SURYA KANT) JUDGE
2 issues framed by the court
Whether a writ can be issued directing the State Government to consider a representation based on Lokpal Punjab's recommendation for recalculating inter-se merit.
Whether the exercise of redetermination of inter-se merit of candidates by the Lok Pal falls within the purview of the Act creating the office of Lok Pal.
Colour shows how this judgement treated each authority
Ashwani Kumar V. State of Punjab and anotherReferred¶13
Civil Writ Petition 7155 of 2010
Sukhdeep Kaur V. State of Punjab and othersReferred¶17
Sukhdeep Kaur V. State of Punjab and others 2008(4) S.C.T. 594
Kulwinder Kaur
State of Punjab
Surya Kant
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
