Court No. - 21
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1330 of 2019 Petitioner :- Krishna Pratap Singh Chauhan Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Sudhir Dixit,Rahul Kumar Jadaun Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Rohit Ranjan Agarwal,J.
On the pleading of the writ petition, it appears to us that the petitioner has raised the grievance in respect of service matter. The relief sought by the petitioner reads as under :-
"i. Issue a writ, order or direction in the nature of mandamus commanding the Respondents to take appropriate legal action against the Respondent No.5 after passing reasoned and speaking order on the representation dated 24.12.2018 (Annexure No.7 to this Writ Petition).
ii. Issue a writ, order or direction in the nature of mandamus commanding the respondent no.1 to 4 to transfer respondent no.5 and initiate disciplinary action against Respondent no.5.
iii. Issue a writ, order or direction as deem proper to the Respondent no.1 to 4 to remove Respondent no.5 Brijesh Kumar Shukla, DSO Jalaun, and not to post Respondent No.5 Brijesh Kumar Shukla, DSO Jalaun on any sensitive post or on any post which involves public dealing unless he is exonerated by the court as well as by Department."
The supreme Court in case of Duryodhan Sahu Vs. Union of India, 1998 7 SCC 273 has held that Public Interest Litigation is not applicable in service matter. Hence, we decline to interfere in the Public Interest Litigation, leaving it leaving it open to the petitioner to take recourse to such remedy, which is available under law.
Accordingly, the Public Interest Litigation is dismissed Order Date :- 31.5.2019 S. Singh