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Sohan Lal Sharma – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
Neeraj Tiwari, J.
1. Heard Mr. Raghvendra Yadav, Advocate holding brief of Mr. Aklank Kumar Jain, learned counsel for the petitioner and Dr. D.K. Tiwari, learned Additional Chief Standing Counsel for the State-respondents.
2. Present petition has been filed with the following prayers:
(ii) Issue a suitable order or direction in the nature of quo warranto commanding the respondents to oust the respondent no.4 from the post of Chief Medical Superintendent, District Hospital, Etah."
3. Learned counsel for the petitioner submitted that petitioner is Netra Parikshan Adhikari posted at District Hospital, Etah from 8.2.2020 and presently working under the respondent no.4, against whom writ of quo warranto is sought. He next submitted that respondent no.4 was working as Senior Consultant at District Hospital, Etah and he was promoted as Chief Medical Superintendent in the same hospital vide impugned order date
Point of Law : once the post of Chief Medical Superintendent is not Public Office, no writ of quo warranto can be issued.
Public employment by the government must be in accordance with the constitutional scheme and statutory rules. Appointment to public posts must be based on the rules framed under Article 309 of the Co....
The issuance of writ of quo warranto requires evidence of unlawful usurpation of public office, and retired individuals typically lack standing to contest appointments under statutory rules.
It is no doubt true that the strict rules of locus standi are relaxed to an extent in a quo warranto proceedings. Nonetheless an imposter coming before the Court invoking public law remedy at the han....
Point of Law : Since the appointment of the 7th respondent is made, creating a supernumerary post, there is no other option to the petitioner, than to approach this Court, by filing a writ petition s....
The court established that only individuals of the rank of Commissioner are eligible for the position of Executive Officer in Municipal Councils, as per the Rajasthan Municipal Service Rules, 1963.
The employer's prerogative to allocate duties can be subject to court intervention in the interest of patient care and fair treatment of employees.
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