I.S Khan v. The Vice President And 4 ORS

1/3 Vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST INTERST (L) No. 24 OF 2016 Mr. I.S. Khan

...Petitioner

Vs.

The Vice President and Ors.

...Respondents

****** None for the Petitioner Ms. Sharmila Deshmukh, for the Respondents ****** CORAM : V. M. KANADE & M.S. SONAK, JJ.

DATE : AUGUST 3, 2016 P.C. :

1.

None appears on behalf of the Petitioner. Heard the learned counsel appearing on behalf of the Respondents.

2.

The Petitioner is seeking the following relief in this PIL : (a) That this P.I.L. With Writ of Mandamus and/or such other writ as the Hon'ble Court may deem fit and proper be issued calling for the entire concerned documents and the entire records from the office of the Respondents Nos. 1 to 4 in

2/3 respect of the above subject matter touching to the orders passed by the concerned respective officers.

(b) That this Honourable Court be pleased to issue the Writ of Certiorari and/or such other Writ in this P.I.L. As the Hon'ble Court may deem fit and proper ordering and directing the Respondent Nos.1 to 4 to produce the documents and action report that on what basis Sai Mrs. Parab AAO is holding post two posts at once, signing on the place of Divisional Accountant.

(c) Under this PIL, the officers who are involved in the corrupt practices of the above nexus. All shall be dealt in criminal offences which they have committed and be prosecuted in law after investigating by the competent investigating agency.

(d) That they enquiry under SIT be appointed to investigate the grave offences of corrupt practices by the Respondents in the above said projects."

3/3 3.

It is well settled position in law laid down by the Supreme Court that the PIL jurisdiction should not be exercised in the case of service matters. The reliefs claimed by the Petitioner clearly disclose that this PIL is concerning with the services of some of the employees of MHADA. Hence, writ petition is dismissed, reserving the right of the Petitioner, if any, to file an appropriate proceeding before the appropriate Court. M.S. SONAK, J.

V.M. KANADE, J.

Vaishali Tikam