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2025 Supreme(All) 3145

IN THE HIGH COURT OF ALLAHABAD
Ajay Bhanot, J.
Aftab Khan - Petitioner
Versus
State Of U.P. And Others - Respondent
WRIT - A No. - 507 of 2025
Decided On : 17-01-2025

Advocates Appeared:
For the Petitioner: Mohd. Saeed Siddiqui
For the Respondent: C.S.C., Madan Mohan Srivastava

A petitioner must establish locus standi and be an aggrieved party to maintain a challenge in court, particularly in service matters, where public interest litigations are discouraged.

Headnote:(A) Constitution of India - Article 309 - Writ of Mandamus - Delay and Laches - The petitioner, an ex-corporator, challenged appointments made in 2003, asserting violations in the process. However, lack of locus standi due to delayed action (over 20 years) led to dismissal. The court emphasized the importance of legal rights and that public interest litigations are not maintainable in service matters. (Paras 5, 6, 12, 16)

(B) Locus Standi - Definition and Importance - A petitioner must demonstrate that they are an aggrieved party to maintain a writ petition, as upheld in various precedents. (Paras 12, 16)

Facts of the case:
The petitioner sought a writ against the state to act on complaints about appointments made in the Nagar Panchayat, claiming procedural violations. The court found no merit in his claims due to lack of standing and significant delay in bringing forth the challenge.

Findings of Court:
The petitioner lacks locus standi as he did not prove to be an aggrieved party. The complaint was seen as an abuse of the court process. Costs of Rs. 50,000 imposed on the petitioner to discourage frivolous litigation.

Issues: The primary issue was whether the petitioner had the standing to challenge the appointments made in the Nagar Panchayat after such a prolonged delay.

Ratio Decidendi: The court upheld that a person must be aggrieved to start proceedings, reinforcing that public interest litigations should not be entertained in service matters due to potential disruption in government functioning. The petitioner's motives were considered questioned, lacking genuine public interest. (Paras 12, 16)

Result: Writ petition dismissed.

Table of Content
1. petitioner's background and requested reliefs. (Para 1 , 2 , 3)
2. petitioner's lack of standing and delay. (Para 4 , 5 , 6 , 7)
3. importance of service rules and roles. (Para 8 , 9 , 10)
4. conditions for maintaining writ petitions. (Para 11 , 12 , 13 , 14 , 15)
5. judicial principle against frivolous litigation. (Para 16 , 17)
6. conclusion and penalty for the petitioner. (Para 18 , 19 , 20 , 21 , 22)

JUDGMENT :

Ajay Bhanot, J.

1. Heard Shri Mohd. Saeed Siddiqui, learned counsel on behalf of the petitioner, Learned Standing Counsel for the State-respondents No. 1 to 4 and Shri Madan Mohan Srivastava, learned counsel for the respondents No. 5 and 6.

2. Petitioner is before this Court with following principal reliefs:-

"A. Issue a writ or direction or order in the nature of mandamus, commanding the respondents to decide the complaints of the petitioner dated 04.05.2016 (Annexure-2), 10.10.2024 (Annexure-3) and 13.11.2024 (Annexure-6), within time specified by this Hon'ble Court.

B. Issue a writ or direction or order in the nature of mandamus, commanding the respondents to take appropriate action against in pursuance to the complaints of the petitioner dated 04.05.2016 (Annexure-2), 10.10.2024 (Annexure-3) and 13.11.2024 (Annexure-6) within time specified by this Hon'ble Court."

3. Petitioner is an ex-corporator in Nagar Panchayat, Sarai Akil, Kaushambi. He has assailed the appointments of certain employees made in the year 2003.

4. The appointments of employees of the respondent- Nagar Panchayat, Kaushambi are made in light of adherence to specific statutory provisions by competent statutory authorities. The procedure laid out under the Act ensures transparency in the process and fairness in appointments. The competent authorities under the law can also take appropriate action for deviation made in the process of appointments. The petitioner does not figure anywhere in the aforesaid statutory lineup of authorities charged with the duties of making the appointments or examining of their validity thereof.

5. Moreover, the petitioner has approached this Court after a delay of almost more than two decades since such appointments were made. The writ petition is liable to be dismissed on the ground of delay and laches alone. However, there are other issues which will also be examined in the interest of justice.

6. Specific statutory authorities and procedures are thereunder to make appointments. Authorities to oversee the process of appointments.

7. Admittedly, the petitioner is not connected with the process of appointments nor is he an authority competent to take cognizance of any irregularities in the appointments or functioning or disciplinary matters relating to Nagar Panchayat officials. The petitioner has not established his locus standi to challenge the appointments made in the Nagar Panchayat, Sarai Akil, Kaushambi.

8. The service conditions of government servants are governed and regulated by service rules holding the field. The service rules are framed under Article 309 of the Constitution of India and other provisions of law. The service rules of employees ensure that there is transparency in the functioning of the government departments and accountability in the conduct of government officials. The service rules also insulate the government employees from extraneous influences and pressure which may impede faithful discharge of government duties. The service rules are bulwark of independence of government servants and enable them to function without fear of any outside interference.

9. Entertaining complaints from the outsiders who are busybodies and interlopers will have far reaching consequences on the functioning of government. Such action will adversely impact the morale of the government servants and will be detrimental to the efficiency of the Government. Persons who set up complaints with malafide motives of harassing and blackmailing government servant have to be deterred and the Government employees should be

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