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TMI Blog2005 (5) TMI 686X X X X Extracts X X X X X X X X Extracts X X X X ..... e appointment of the appellant as Auction Recorder of the Market Committee, Patran was invalid and illegal. The said order came to be passed on the basis of a Writ Petition filed by respondent No. 4. It is to be noted that the said petition was styled as a Public Interest Litigation (in short 'PIL'). 2. A brief reference to the factual aspect would be necessary. 3. Appellant was appointed as Auction Recorder on 19.11.1986. Appointment of the appellant was challenged by one Ashok Kumar, clerk of the Market Committee by filing a complaint before the competent authority alleging that the appellant having been convicted under Section 61(1)(a) of Punjab Excise Act in 1974 for alleged commission of offence on 21.5.1973 and was therefore ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecision as to whether action against the appellant was called for. While Writ Petition No. 3451 of 1989 was pending, Civil Writ Petition No. 6180 of 2000 was filed by the respondent No. 4 challenging appointment of the appellant and as noted above the petition was stated to be one in public interest. Counter Affidavit was filed by the Punjab Mandi Board and the Market Committee taking the stand that since conviction of the appellant did not involve any moral turpitude the appointment was in accordance with law. Appellant also filed counter affidavit before the Market Committee questioning locus standi of the Writ Petitioner to challenge his appointment. It was pointed out that no public interest involved and because of political and persona ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dilute the public interest element involved in the writ petition. It was further submitted that notwithstanding the clear direction of the High Court to start the process of selection afresh within four months, nothing has been done and this amounts to contempt of Court. 6. The scope of entertaining a petition styled as a public interest litigation, locus standi of the petitioner particularly in matters involving service of an employee has been examined by this court in various cases. The Court has to be satisfied about (a) the credentials of the applicant; (b) the prima facie correctness or nature of information given by him; (c) the information being not vague and indefinite. The information should show gravity and seriousness involved. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as a licence to file misconceived and frivolous petitions. (See Dr. B.K. Subbarao v. Mr. K. Parasaran, JT 1996 7 265. Today people rush to Courts to file cases in profusion under this attractive name of public interest. They must inspire confidence in Courts and among the public. 8. As noted supra, a time has come to weed out the petitions, which though titled as public interest litigations are in essence something else. It is shocking to note that Courts are flooded with large number of so called public interest litigations where even a minuscule percentage can legitimately be called as public interest litigations. Though the parameters of public interest litigation have been indicated by this Court in large number of cases, yet unmindfu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... at on account of such trumpery proceedings initiated before the Courts, innumerable days are wasted, which time otherwise could have been spent for the disposal of cases of the genuine litigants. Though we spare no efforts in fostering and developing the laudable concept of PIL and extending our long arm of sympathy to the poor, the ignorant, the oppressed and the needy whose fundamental rights are infringed and violated and whose grievance go unnoticed, unrepresented and unheard; yet we cannot avoid but express our opinion that while genuine litigants with legitimate grievances relating to civil matters involving properties worth hundreds of millions of rupees and substantial rights and criminal cases in which persons sentenced to death fa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted interest and/or publicity seeking is not lurking. It is to be used as an effective weapon in the armory of law for delivering social justice to the citizens. The attractive brand name of public interest litigation should not be allowed to be used for suspicious products of mischief. It should be aimed at redressal of genuine public wrong or public injury and not publicity oriented or founded on personal vendetta. As indicated above, Court must be careful to see that a body of persons or member of public, who approaches the court is acting bona fide and not for personal gain or private motive or political motivation or other oblique consideration. The Court must not allow its process to be abused for oblique considerations by masked phan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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