Calcutta High Court dismisses PIL with Rs 10,000 cost

calcutta-high-court

The Calcutta High Court imposed Rs 10,000 cost on a petitioner and dismissed a Public Interest Litigation (PIL) filed questioning the appointment of a private respondent on the ground that she was issued the OBC certificate and she obtained the appointment on the basis of false scheduled caste certificate. 

The counsel for respondent has raised a preliminary objection about the maintainability of the petition by submitting that a PIL in service matter cannot be entertained.  

The counsel for the private respondent  has also questioned the bona fides of the petition by submitting that the petitioner is the uncle of the private respondent  and he has filed the petition as a counterblast to the ongoing dispute between the parties.   

The Division Bench of Chief Justice Prakash Shrivastava and Justice Rajarshi Bharadwaj  observed that the petitioner is closely related to private respondent  being her uncle but this fact has been suppressed in the PIL. Affidavit-in-opposition filed by the private respondent also revealed the said respondent and her family members had filed application under Section 144(2) of CrPC as petitioner and his wife had intended to evict the respondent and her family members. 

It is also disclosed in the affidavit-in opposition that on 04.07.2022, the wife of the petitioner had issued a legal notice to the private respondent and family members through her advocate to vacate the residential premises.

The affidavit also discloses that the electricity connection in the house of private respondent was disconnected at the instance of the wife of the petitioner. It is also disclosed that the father of the private respondent had also filed an application before the Sub-Divisional Executive Magistrate, North 24 Parganas  seeking maintenance of peace and tranquility and restoration of electricity connection. 

Though affidavit-in-reply in response to the affidavit has been filed by the petitioner but none of these facts have been disputed therein. On the contrary, a plea has been raised by the petitioner that the  relationship between the petitioner and the private respondent  does not come in the way of the  petition. 

From the facts disclosed above, the Court noted the PIL has been filed with oblique motive and it cannot be treated as a bona fide petition. That apart, there is clear suppression of fact relating to the relationship between the petitioner and the private respondent. 

It has also been pointed out that the OBC certificate earlier issued to private respondent was subsequently directed to be cancelled because after local inquiry it was found that the said certificate was inadvertently issued. The  counsel for the private respondent informed the High Court the OBC certificate was cancelled.  

“Under the aforesaid circumstances, we are of the opinion that this PIL filed for settling the private score is liable to be dismissed with costs. Hence, we dismiss the present petition with costs Rs 10,000 which will be deposited by the petitioner with the Secretary, West Bengal Legal Services Authority within 2 weeks from today,” the Court ordered.

Further, the Bench clarified the order will not be treated as an order adjudication of issuance of legality and validity of caste certificate of private respondent.

The post Calcutta High Court dismisses PIL with Rs 10,000 cost appeared first on India Legal.



from India Legal https://ift.tt/ZQ459ih

Popular posts from this blog

What Is Solana: A Description, Use Cases, Prospects

Most traders focus on well-known cryptos only, like BTC or Ether. However, today, there are many other blockchain networks that are worth considering. And some of them, for example, Solana, even have ambitions to force current leaders out. Thus, we offer you to get acquainted with this coin without a delay. Solana (SOL) is one of the blockchain platforms created for performing transactions at a high speed and at a cheap price similar to other networks of this kind. Likewise, it can be utilized for trading, paying for diversified goods and services, performing smart contracts, creating NFTs, accessing decentralized financial opportunities, for example, loans, etc. Yet, when one asks the question “ What is Solana? ”, one usually wants to find out if it is worth buying, in the first place. Thus, we must note right away that this network outcompetes other popular platforms both in terms of speed and in terms of costs. To be more precise, it can process 13 deals per second, while Bitcoin ...
Read more

FX Options Trading: Best Online Brokers

Never used options on Forex? Looks like you missed lots of profitable deals. Be sure to learn more about this method and decide whether it suits you. Start by reading our short review for beginners. In the end, we will give you a list of companies that offer the best terms for such trades. Let us start with a short theory about this trading method. In practice, an option is a contract that allows a trader to buy or sell a certain currency at a chosen price and on a chosen date.  FX options trading  is based on forecasts. For example, if a potential buyer believes that the price of a certain currency will grow in the future, he can reserve the right to buy it at a lower price. For this opportunity, one must pay a commission (or a premium). Another crucial point is that executing such deals is optional. When the date agreed comes, one can decide whether it is worth buying or selling the currency chosen. Also Read: Interactive Brokers Fees: An Overview for Potential Users And...
Read more

Crypto Trading Bot: Should You Try It and Which One to Choose

Are you searching for an instrument that will help you trade crypto at minimum risk and time expense, but with maximum earnings? Then, try a trading robot. Find the basic information about this tool and the list of the most reliable and effective products offered by the market. So, such a robot is a program that executes trades involving crypto in an automated mode based on the market situation and parameters set by its user. It can make use of diversified algorithms, patterns, signals provided by other traders, etc. Here are the major benefits such software can offer:   Time economy. A day trader does not have to spend a whole day monitoring the market.   No human mistakes. Such a program operates in strict accordance with the parameters and algorithm set. By contrast with traders, it cannot make mistakes due to fatigue or external distractions.   Fast reaction. Compared to humans, it takes a bot less time to analyze the current situation on the mark...
Read more