Case Law Details
It is submitted by Sri Amitabh Thakur that the conduct rules applicable to Government servant including the All India Services (Conduct) Rules 1968, do not require him to obtain permission of the State Government, to file petition in public interest. According to him, he intimates the State Government about filing of the writ petition, and that such intimation is sufficient to exercise his rights in filing the writ petition as citizen of India.
Held- A public interest litigation is ordinarily filed where the executive or any statutory body fails to take any action, or does not discharge its functions properly. In a public interest litigation, directions are invariably issued to the Government, to act in accordance with law in the matters, which may concern public interest. In such matters, the directions issued to Central or State Government are likely to cause embarrassment to the persons in powers or the officers who are required to comply with the directions.
The petitioner No.1, as a serving police officer, can, in discharge of his duty, serve the Society much better than in filing public interest litigation, seeking orders of the Court in the matters, which do not concern him in discharge of his duty.
Let a copy of the order be sent to the Chief Secretary of the State Government through learned Chief Standing Counsel of the Court, and to the Central Government, who is the appointing authority of petitioner No.1 through the learned Assistant Solicitor General of India for the Union of India, for considering to issue appropriate directions that without obtaining permission from the competent authority in the State Government, the public servant in the State, will not be permitted to file any writ petition in public interest in which they are not seeking any relief personal to them.
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
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