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2009 Supreme(Bom) 1396

SWATANTER KUMAR, A.M.KHANWILKAR
Arun Vasantrao Betkekar – Appellant
Versus
Government of India, Department of Atomic Energy – Respondent


Advocates appeared:
For the Petitioner:A.D. Shetty along with Ms Rita Joshi, Advocates.
For the Respondents:Ms A.D. Vhatkar, AGP, R2, K.M. Naik i/by S.P. Salkar, Advocates, D.J. Khambata, Additional Solicitor General along with A.M. Sethna and Mandar Goswami, Union of India.

Judgment :-

Swatanter Kumar, C.J.


The Petitioner in this Public Interest Litigation, under Article 226 of the Constitution of India, has prayed that a detailed enquiry be conducted by the Central Bureau of Investigation (CBI) or a retired High Court Judge of this Court in to the various complaints/representations made by him about the functioning of Tata Institute of Fundamental Research (hereinafter referred to as the “Institute”) and other Research Institutions and further to quash and set aside the actions of Respondent Nos.1 and 2 in granting extensions and/or appointment of Respondent No.3 as Chairman of Department of Atomic Energy (hereinafter referred to as “DAE”) even after the age of his superannuation being arbitrary, illegal and contrary to the law. The Petitioner has also prayed that the Respondent Nos.1 and 2 be restrained from granting any further extension and/or appointment on the said post to the private Respondent Dr. Anil Kakodkar, Respondent No.3. To the present Petition, the Respondents have raised the following issues for determination.


(a) The present Public Interest Litigation is not maintainable as it relates to a service matter and the present Petition is

















































































































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