PILs in service matters are not maintainable

Alka Verma-

Published on: November 05, 2021 at 16:18 IST

Recently, the Kerala High Court emphasized that Public Interest Litigation (PILs) in-service matters are not maintainable.

A Bench comprising Chief Justice S. Manikumar and Justice Shaji P. Chaly made this observation while dealing with a Writ Petition.

Based on certain reports issued by the District Medical Officer, a Plea was filed before High Court.

Through the Plea, the Petitioner requested the Court to issue certain directions for the Director of Health Services to take disciplinary action against C. Jayachandran, a Junior Health Inspector.

Before the Court, the Petitioner stated that because of the negligent behaviour of Jayachandran, a newborn baby died and also showed certain documents to prove the same.

Further, when the Court asked how the Petitioner got those documents, the Petitioner answered that it was supplied to him by the Right to Information officers.

However, relying on various Judgments of the Supreme Court, the High Court stated that the PIL was regarding a service matter and thus cannot be encouraged.

Taking an example of various judgments, the High Court made its decision.

Like, the High Court referred to N. Veerasamy v. Union of India [(2005) 2 MLJ 564] wherein it was held that problems arising between employer and employee is between them only, and it is the State who will take actions under the ambit of the Service Rules.

The same judgment also stated that in such a case there is no question of any public interest.

Furthermore, the High Court referred to more judgments like Dr Duryodhan Sahu & Ors v. Jitendra Kumar Mishra & Ors and Ashok Kumar Pandey v. State of W.B, where similar orders were passed.

In the end, the High Court dismissed the Plea.

Click here to read/download order copy.

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