Decided on June 11,2013

STATE OF UTTARAKHAND,Principal Secretary Vigilance Establishment Uttarakhand,Additional Labour Commissioner Garhwal Region Dehradun,D. Lal Respondents


PRAFULLA C.PANT,J. - (1.) DELAY Condonation Application No. 5538 of 2013 in filing the counter affidavit is allowed. Counter affidavit filed on behalf of respondent No. 2 be taken on record. Delay in filing the counter affidavit by respondent no.2 is condoned.
(2.) HEARD . By means of this writ petition in the form of Public Interest Litigation, the petitioner has sought following relief in the writ petition:- (i) Issue an appropriate writ, order or direction in the nature of certiorari quashing the order dated 29.07.2010 whereby the suspension of the respondent No.4 was revoked and order of promotion of the respondent No.4. (ii) Issue a writ, order or direction in the nature of mandamus commanding the respondent No.1 to remove the respondent No.4 from the post of Upper Labour Commissioner Dehradun in the interest of public at large of Dehradun and Hardwar. (iii) Pass such other or further orders which this Hon'ble Court may deem, fit and proper in the facts and circumstances of the case. (iv) Award the cost of petition to the petitioner. From the prayers mentioned above it is apparent that the service matter is being agitated in the form of Public Interest Litigation. In view of principle of law laid down in Hari Bansh Lal vs. Sahodar prasad Mahto and others (2010) 9SCC page 655, such writ petitions are no entertainable as the public Interest Litigation.
(3.) IN the counter affidavit filed on behalf of the respondent no.4 it is stated that First Information Report was lodged against the petitioner in connection with a case of cheating, and he was arrested and sent to jail. He was granted bail by the High Court after a period of three months of his arrest. On this ground, it is contended that the petitioner is not the public spirited person as pleaded by him in the writ petition.;

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