Raja Basu And ANR v. Union Of India And 4 ORS

pil-92.15 pmw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION PUBLIC INTEREST LITIGATION NO.92 OF 2015 WITH CHAMBER SUMMONS NO.359 OF 2015 Shri Raja Basu & Anr.

... Petitioners

Versus

Union of India and Ors.

... Respondents Mr. Pradeep Havnur a/w Ms. Radhika Sawant for the Petitioners. Mr. Kevin Setalvad, Senior Counsel a/w Mr. Anupam Surve, Mr. S.D. Shetty and Ms. Kavita Anchan i/by M.V. Kini & Co. for the Respondent No.2.

CORAM : A.S. OKA & P. D. NAIK, JJ.

DATE : 11th APRIL, 2016 P.C.

Heard the learned counsel appearing for the Petitioners. In this Petition a specific challenge is to the appointment of Respondent No.5 as Director (P&A) of the Shipping Corporation of India (SCI). The issues raised in this PIL concerns appointments to various posts of the Shipping Corporation of India. The affidavit of the Respondent No.5 reveals that both the Petitioners are employees of the Shipping Corporation of India and disciplinary proceedings have been initiated against both of them. In our view, considering the peculiar facts, the Petitioners being the employees of the Shipping Corporation of India

pil-92.15 are not entitled to maintain a PIL. We dispose of the PIL only on the ground that the same at the instance of the Petitioners cannot be entertained. We, however, make it clear that remedies of the Petitioners and the issues raised by the Petitioners are expressly kept open. Rejoinder and sub-rejoinder tendered today are taken on record only for the purpose of record. Chamber Summons No.359 of 2015 does not survive and the same is accordingly disposed of. (P. D. NAIK, J ) (A.S. OKA, J )