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DEVENDRA KUMAR UPADHYAYA, OM PRAKASH SHUKLA
Reevan Singh – Appellant
Versus
State of U. P. Thru. Prin. Secy. Jail Administration and Reform Services Govt. U. P. Lko. – Respondent
JUDGMENT :
1. Heard Shri Sanjay Kumar Srivastava, learned counsel for the petitioner and Shri Anurag Verma, learned Additional Government Advocate representing the State-respondents.
2. These proceedings under Article 226 of the Constitution of India have been instituted purportedly in public interest. The petitioner is a dismissed employee of the State Government, who on the ground of certain misconduct, was dismissed from service while working as Jailor at District Jail, Moradabad.
3. The prayers made in the writ petition are as follow:-
(ii) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties 1 to 4 to improve the condition of all the Jails situated in the State of U.P. including District Jail Moradabad as well as to improve the inhuman condition of prisoners with respect to proper place of their living and sleeping, jail barracks, clothing, toilet
The judgment underscores the requirement for genuine public interest and bona fide intentions in filing a public interest litigation, as well as the need to prevent the abuse of the jurisdiction of p....
Point of Law : Courts must do justice by promotion of good faith, and prevent law from crafty invasions. Courts must maintain the social balance by interfering where necessary for the sake of justice....
Public Interest Litigation must meet strict bona fides and credential requirements to prevent misuse for personal gain.
The availability of an alternative remedy of appeal precludes the maintainability of a writ petition challenging service termination. Specific evidence is required to support allegations of corruptio....
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