Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Interest Litigation: Writ petition alleging large scale malpractice in examination conducted by State Public Service Commission-Registering of criminal cases-Transfer of investigating officer-High Court observing that the State Government would be objective and would not take adverse view of the stand taken by the officer under transfer D and investigation would be conducted fairly-HELD: Parameters of public interest litigation in service matters have been highlighted in several decisions by Supreme Court-There is no scope for interference with orders passed by High Court-Constitution of India-Article 226. |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Public Interest Litigation:Writ petition alleging large scale malpractice in examination conducted by State Public Service Commission-Registering of criminal cases - Transfer of investigating officer - High Court observing that the State Government would be objective and would not take adverse view of the stand taken by the officer under transfer and investigation would be conducted fairly - HELD: Parameters of public interest litigation in service matters have been highlighted in several decisions by Supreme Court - There is no scope for interference with orders passed by High Court - Constitution of India - Article 226.A writ petition was filed under public interest litigation alleging large scale malpractice in the examination conducted by Maharashtra Public Service Commission. It was stated that in order to pre-empt the outcome of the investigation in the criminal case no. ACB CR 33/2002 the Investigating Officer was transferred. An affidavit was filed by the Director General of Police that investigation in CR 33/2002 had come to an end. The said Investigating Officer filed an affidavit that the investigation was not yet complete. The stand of the Commission was that subsequently another case being ACB No. 7/2006 was registered. Prayer was made to quash said proceedings and to continue investigation in ACB 33/2003. The High Court disposed of the writ petition observing that if the Special Court, before which the matter was pending, issued necessary directions even after conclusion of investigation if any, further materials could be collected against any accused and brought on record. The High Court also observed that since the investigating officer under transfer had put in three years service in investigation, the State Government would be objective and would not take any adverse view of the stand taken by him. In the connected matter seeking to quash FIR in ACB 7/2006, the High Court directed that the two matters were conceptually different and the investigation would be conducted fairly by the Director General of Police and the Commission would cooperate in the investigation. In the instant appeals it was contended for the Commission that the criminal proceedings were affecting the image of the statutory body and in the name of public interest litigation transfer of police official was questioned which was impermissible. |
Judge | Hon'ble Dr. Justice Arijit Pasayat |
Neutral Citation | 2007 INSC 1310 |
Petitioner | Seema Dhamdhere, Secretary, Mpsc |
Respondent | State Of Maharashtra And Ors. |
SCR | [2007] 13 S.C.R. 804 |
Judgement Date | 2007-12-14 |
Case Number | 5954 |
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