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 public interest litigation.

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:-

"(i) issue a writ, order or direction, in the nature of certiorari quashing the order/letter dated 10.08.2022 issued by the Superintendent of Jail (Headquarter), Jail Administration and Reform Services, U.P., Lucknow on behalf of Opposite party No.3 contained as Annexure No.1 to the writ petition.

(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, toilets, food, medical and interview (Mulaqat) in their respetive Jail premises in a dignified manner in view of the provisions of Article 21, 22, 38 and 39 of the Constitution of India and also provie other daily use articles like Soap, Oil, Blanket, and Bed Sheet etc. as per U.P. Jail Manual 2022.

(iii) Issue a writ, order or direction that this Hon'ble Court may kindly be pleased to conduct a High level enquiry from any independent Agency other than the Agency of the State Government and that Agency may submit his report before this Hon'ble Court after visiting all the Jails of the State of U.P. including the District Jail, Moradabad with respect to inhuman conditions of the Prisoners confined in all the Jails of the State of U.P. in which they are living and corruption which is deeply rooted in Jails of the State of U.P. and accordingly take appropriate action about improvement of the Jail conditions and living conditions of the prisoners and also take appropriate strict action against the corrupt employees of the Jail Administration and Reform Department.

(iv) Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to take appropriate action with respect to providing amount of 15% deducted out of remuneration earned by the convicted criminal prisoner to the deserving victims of the offence committed by the prisoner and if there is no deserving victim of the offence committed by prisoner or victim is not willing to receive the amount referred to above, it shall be returned to the victim criminal prisoner in view of the provisions of "Uttar Pradesh Payment of Remuneration of Prisoner and Compensation to Victims Rules, 2005"

(v) Issue a writ, order or direction in the nature of mandamus commanding the Opposite parties 1 to 4 to purchase wheat for providing food to the prisoners those who are confined with the Jails situate in the State of U.P. at the rate of MSP (Minimum Support Price) prescribed by the Government of India and not on any higher rate.

(vi) Issue a writ, order or direction in the nature of mandamus commanding the Opposite parties 1 to 4 to prosecute the Opposite party No.6 with respect to corruption made by him during the period he was remain posted on the post of Superintendent of Jail of District Jail, Moradabad on the basis of material available on record including fact finding enquiry report dated 09.03.2021 conducted by one Shri Akhilesh Kumar, IPS, Deputy Inspector General, Prison, Agra Range, Agra contained as Anneuxre No.12 to the writ petition as well as take serious departmental action as well, at an early date in view of the law laid down by the Hon'ble Apex Court in the case of Neeraj Dutta Vs. State (Government of NCT, New Delhi) (supra).

(vii) Issue a writ, order or direction in the nature o