Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Service Law Quo Warranto |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Writs - Writ of quo waffanto - Scope and ambit of - Duty of the Court while dealing with a writ of quo waffanto - Held: Jurisdiction of the High Court while issuing a writ of quo warranto is limited and can only be issued when the person holding the public office lacks the eligibility criteria or when the appointment is contrary to the statutory rules - While dealing with the writ of quo warranto another aspect has to be kept in view - In filing a writ of quo waffanto, the principle of doctrine of delay and /aches should not be allowed any play because the person holds the public office as a usurper and such continuance is to be prevented by the Court - The Court is required to see that the larger public interest and the basic concept pertaining to good governance are not thrown to the E winds - Constitution of India, 1950 - Art.226.Service Law - Appointment - Quashing of - Appellant CESU, a deemed licensee under the Electricity Act for distribution of electricity in the Central Zone of Odisha - 5th F respondent, a retired officer, and Chairman of CESU, further asked to function as CEO of CESU and accordingly given a consolidated honorarium - Public interest litigation praying for issue of writ of "quo warranto" for quashing the order of the Orissa Electricity Regulatory Commission entrusting the functions of CEO of the CESU to 5th respondent - High Court G quashed appointment of respondent No. 5 and further directed the appellant to recover the amount paid to 5th respondent towards honorarium - Justification - Held: Not justified - High Court erroneously opined that it was an appointment - It was only a contract appointment to choose a highly qualified and skilled person - High Court, instead of appreciating the eligibility of the 5th respondent, adverted to the concept of internal administration of CESU - Reasons ascribed by the B High Court to quash the arrangement unacceptable - Once the decision of the High Court, that Respondent no. 5 could not have been allowed to remain in-charge of CEO, was dislodged, as a logical corollary the direction for recovery gets annulled - Electricity Act, 2003 - s.22 - Central Electricity c Supply Utility of Orissa (Operation and Management) Scheme, 2006. Service Law - Appointment - Nullification of, by issue of a writ of quo warranto - Recovery of salary or honorarium - Permissibility- Held: Even while issuing a writ of quo warranto, D there cannot be any direction for recovery of sum - While exercising power for issue of writ of quo warranto, the Court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and after the declaration is made he ceases to hold the office - E Till declaration is made, the incumbent renders service and when he has rendered service he cannot be deprived of his salary - Denial of pay for the service rendered tantamounts to forced labour which is impermissible - Asking someone to work and when his appointment is nullified by issue of a F writ of quo warranto by the Court, neither the employer can recover the amount nor the Court can direct for recovery of the same. |
Judge | Honble Mr. Justice Dipak Misra |
Neutral Citation | 2013 INSC 741 |
Petitioner | Central Electricity Supply Utility Of Odisha |
Respondent | Dhobei Sahoo & Ors. |
SCR | [2013] 14 S.C.R. 621 |
Judgement Date | 2013-11-01 |
Case Number | 9872 |
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