SHAMIM AHMED,J. - (1.) Heard Shri Ali Qambar Zaidi, learned counsel for the petitioner, learned Standing Counsel appearing for the respondents and perused the material placed on record.
(2.) This Public Interest Litigation (Writ Petition) under Article 226 of the Constituton of India has been filed by the petitioner with the following prayers; "I. Issue a writ order or direction in the nature of QUO WARRANTO thereby declaring the appointment of respondnt no.5 as null and void and directing the State to remove respondent no.5 from the office of stenographer at Zila Panchayat, Muzaffarnagar; II. Issue a writ, order or direction in the nature of MANDAMUS thereby directing the State to terminate the services of respondent no.5 with immediate effect and issue fresh advertisements as prescribed by the relevant service rules; III. Issue a writ, order or direction in the nature of MANDAMUS thereby directing the State to constitute a high level committee to enquire into the matter of illegal appointment of respondent no.5 to the post of stenographer at Zila Panchayat, Muzaffarnagar; IV. Issue a writ, order or direction in the nature of MANDAMUS thereby directing the State to take appropriate action, penal or otherwise against such persons who are found complicit in the illegal appointment of respondent no.5; V. Issue such other writ, order or direction as this Hon'ble Court may deem fit and proper having regard to the facts and circumstances of the case AND VI. award cost of the petition to the petitioner.
(3.) This Public Interest Litigation (Writ Petition) has been filed by the petitioner who is a member of Zila Panchayat, Muzaffarnagar and was elected from Khatauli Block. The petitoner made an averments in the writ petition that being a public representative , the petitioner is bound to discharge her duty with utmost sincerity and vigilance and to put forth any misdoing or corrupt practice before the concerned appropriate authority. The petitioner believes that if on the basis of material on record, the appointment assailed in the present petition is cancelled by this Hon'ble Court then it would open way for fresh recruitment which in turn would benefit bonafide aspirants. He further submits that by way of present PIL, the petitioner seeks to highlight complete disregard to the existing laws, rules and guidelines with respect to an appointment made at the office of Zila Panchayat, Muzaffarnagr. The petitioner seeks to invite the attention of this Hon'ble Court towards the appointment of Respondent NO.5 who, over a period of time, has been regularized on the permanent post of stenographer. Not only the existing rules with respect to appointment on such post were deliberately flouted by the Zila Panchayat (respondent No.3) but also the orders/directions of the State Government were maliciously interpreted to extend unjust benefits to respondent No.5.;