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IN THE HIGH COURT OF JHARKHAND AT RANCHI
TARLOK SINGH CHAUHAN, RAJESH SHANKAR
Binod Choudhary, Son of Late Rampati Choudhary – Appellant
Versus
State of Jharkhand through the Chief Secretary, Govt. of Jharkhand – Respondent
JUDGMENT :
Tarlok Singh Chauhan, C.J.
1. The petitioner claims to have filed the instant pro bono publico for the grant of following reliefs:-
(i) For issuance of appropriate writ(s)/order(s)/direction(s) to respondent authorities to consider the evidences on record and initiate inquiry/investigation into irregularities and illegalities in allocation and usage of developmental funds, especially MLA Fund, on the recommendations of Respondent No.6, who is sitting Member of Legislative Assembly, Bishrampur Constituency, Jharkhand Vidhan Sabha and in lieu of fact that stated Respondent No.6 has acted contravention to Rules and guidelines concerning expenditure of MLA Fund issued Vide Letter No. 1212 dated 01.02.1999 under the seal and Signature of Additional Secretary, Department of Rural Development, Government of Bihar (Now Jharkhand).
(ii) For direction upon respondent authorities to enable police protection to Petitioner who is acting as Whistleblower, and is unveiling large scale misappropriation of Funds in aide and alliance with corrupt officials and Respondent No.5 who has directly benefited the Trust societies and private institutions in which sitting Member of Legislative Assembl
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
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The court emphasized the need for petitioners in public interest litigation to come with clean hands and be above suspicion, and laid down parameters to prevent misuse of public interest litigation.
Public Interest Litigation requires genuine public interest and appropriate standing; repeated petitions without addressing prior judicial concerns are not maintainable.
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