MOHIT KUMAR SHAH
Sanjay Kumar – Appellant
Versus
State of Bihar – Respondent
JUDGMENT :
MOHIT KUMAR SHAH, J.
1. The present writ petition has been filed for issuance of a writ of quo warranto for removal of the respondent no. 5 from the post of Deputy Superintendent, Sub-Division Hospital, Mohania on the ground that as per the government police decision any posting in the home district is barred but nonetheless the respondent no. 5, whose home district is Kaimur, has been posted at Mohania illegally. The petitioner is a social worker, as stated in paragraph-3 of the writ petition and as such has filed the present writ petition in public interest to set aside the said irregularity. The petitioner is resident of village Tendua under the district of Rohtas at Sasaram.
2. The learned counsel for the respondents has raised a preliminary objection regarding maintainability of the present writ petition at the behest of the petitioner herein on the ground that petitions in public interest are not entertainable in service matters and moreover the petitioner has no locus standi to prefer the instant writ petition.
3. In reply, the learned counsel for the petitioner has submitted, by relying upon the judgments rendered by the Hon’ble Apex Court, which are being discussed
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