Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | locus standi Public Interest Litigation Service matter challenging appointment of another individual |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Public Interest Litigation: Service matter-Writ petition by an individual filed under public interest litigation challenging appointment of another individual-Appointee questioning locus standi of writ petitioner and contending that petition filed because of political and personal rivalry-High Court allowing the writ petition-Held, when a particular person is the object and target of a petition styled as PIL, court has to be careful to see whether the attack in the guise of public interest is really intended to unleash a private vendatta, personal grouse or some other mala fide object-On facts, High Court not justified in entertaining the writ petition-Judgement of High Court set aside. Appointment of appellant as Auction Recorder in the year 1986 was questioned by filing a complaint alleging that he was convicted under s. 61(1)(a) of Punjab Excise Act in 1974. The complaint was looked into by the Market Committee which held that the appointment was not contrary to law. The appellant's appointment was again challenged by filing a writ petition in the High Court as also a complaint before the Administrator, Market Committee. Meanwhile respondent No. 4 filed a public interest writ petition in the year 2000, challenging the appointment of the appellant. The Market Committee contended that conviction of the appellant did not involve any moral turpitude and the appointment was in accordance with law. The appellant questioned locus standi of the writ petitioner contending that no public interest was involved and because of political and personal rivalry the petition was filed. The High Court set aside the appointment on the ground of conviction of the appellant. Aggrieved, the appellant filed the present appeal. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2005 INSC 271 |
Petitioner | Gurpal Singh |
Respondent | State Of Punjab And Ors. |
SCR | [2005] Supp. (1) S.C.R. 215 |
Judgement Date | 2005-05-10 |
Case Number | 2802 |
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