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Judgment
Soumen Sen, C.J.
The petitioner claims to be a whistle-blower against corruption and a Right to Information activist. The petitioner contends that the sixth respondent is involved in corrupt practices and seeks the removal of her name from the select list,as well as the initiation of departmental proceedings against her.
It appears that on 05.12.2025, the co-ordinate Bench, presided over by the then Chief Justice Nitin Jamdar, observed in paragraph 2 as follows:
“2.Prima facie, this petition falls within the realm of service law and it is the settled legal position that Public Interest Litigation is not to be entertained in matters arising out of service disputes between the State and its employees.”
Pursuant thereto, the learned counsel for the petitioner appears to have filed an affidavit justifying the sustainability of the Public Interest Litigation. He has referred to the decision of the Hon’ble Supreme Court in Rajesh Awasthi v. Nand Lal Jaiswal and others1, in which the appointment of the Chairperson of the U.P. State Electricity Regulatory Commission was challenged and a prayer for quo warranto was made in Public Interest Litigation.
The facts of Rajesh Awasthi (supra) are not similar to the facts with which we are presently concerned. In the instant case, the petitioner himself discloses that various steps have been taken by the State Administration against the sixth respondent and, in fact, the matter went up to the Kerala Administrative Tribunal.
As observed by the co-ordinate Bench in the order dated 05.12.2025, this is essentially a service dispute between the State and its employees. In a factual situation where proceedings have already been initiated and are pending, we do not propose to entertain this Public Interest Litigation.
The Public Interest Litigation stands dismissed. However, there shall be no order as to costs.
APPENDIX OF WP(PIL) NO. 155 OF 2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE CHARGE MEMO ALONG WITH STATEMENT OF ALLEGATIONS BEARING NO. SS1-11873/2017 DATED 29.09.2018 ISSUED BY THE 4TH RESPONDENT WITH ENGLISH TRANSLATION
Exhibit P-2 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE DPC (LOWER) CONVENED ON 30.12.2020 AND NOTIFIED ON 18.01.2021 WITH RELEVANT PAGES OF ENGLISH TRANSLATION
Exhibit P-3 TRUE COPY OF THE FIR IN VC NO. 2/2018/TSR DATED 06.02.2018
Exhibit P-4 TRUE COPY OF THE RELEVANT PAGES OF THE MINUTES OF THE AD HOC DPC CONVENED ON 28.06.2021 AND NOTIFIED ON 16.07.2021 WITH ENGLISH TRANSLATION
Exhibit P-5 TRUE COPY OF THE PROMOTION ORDER NO. LR 232/2021-LR(E2) DATED 27.08.2021 ALONG WITH ENGLISH TRANSLATION
Exhibit P-6 TRUE COPY OF THE FINAL REPORT BEARING CC NO. 4/2023 DATED 16.03.2023
Exhibit P-7 TRUE COPY OF THE REQUEST DATED 25.05.2025 ADDRESSED TO 1ST & 2ND RESPONDENTS ALONG WITH ENGLISH TRANSLATION
Exhibit P-8 TRUE COPY OF THE LETTER NO. LR/7117/2025/LR(A8) DATED 04.07.2025 ALONG WITH ENGLISH TRANSLATION
Exhibit P-9 TRUE COPY OF THE LETTER NO. LR/10039/2025-LR(A4) DATED 22.09.2025 ISSUED BY THE STATE PUBLIC INFORMATION OFFICER IN THE 2ND RESPONDENT’S OFFICE ALONG WITH ENGLISH TRANSLATION
Exhibit P-10 TRUE COPY OF THE LETTER NO. DCALP/9913/2025/S1 DATED 03.10.2025 ALONG WITH ENGLISH TRANSLATION
Exhibit P- 11 TRUE COPY OF THE CITATION OF THIS HON’BLE COURT IN ANOOP VARKEY VS. G.S. SAJIPRASAD [2025(3)KHC 497]
Exhibit P-12 TRUE COPY OF THE PETITION DATED 23.05.2023 PREFERRED TO DISTRICT COLLECTOR WITH ENGLISH TRANSLATION
Exhibit P-13 TRUE COPY OF THE LETTER NO. DCTSR/808/2023/B3 DATED 29.07.2023 SENT BY THE DISTRICT COLLECTOR TO THE PRINCIPLE AGRICULTURAL OFFICER WITH ENGLISH TRANSLATION
Exhibit P-14 TRUE COPY OF THE LETTER DATED 11.12.2023 PREFERRED TO DISTRICT COLLECTOR WITH ENGLISH TRANSLATION
Exhibit P-15 TRUE COPY OF THE APPLICATION DATED 18.02.2025 WITH ENGLISH TRANSLATION
Exhibit P-16 TRUE COPY OF THE COMMUNICATION BY STATE PUBLIC INFORMATION OFFICER DATED 03.03.2025 ALLOWING THE FILE WITH ENGLISH TRANSLATION
Exhibit P-17 TRUE COPY OF THE LETTER DATED 17.02.2025 SENT TO AGRICULTURAL COMMISSIONER WITH ENGLISH TRANSLATION
Exhibit P-18 TRUE COPY OF THE APPLICATION DATED 18.02.2025 SUBMITTED BEFORE STATE PUBLIC INFORMATION OFFICER, OFFICE OF DEPUTY COLLECTOR , REVENUE VIGILANCE ERNAKULAM WITH ENGLISH TRANSLATION
Exhibit P-19 TRUE COPY OF THE APPLICATION DATED 14.02.2025 SUBMITTED TO CHIEF SECRETARY WITH ENGLISH TRANSLATION
Exhibit P-20 TRUE COPY OF THE COMMUNICATION DATED 20.02.2025 RECEIVED FROM STATE PUBLIC INFORMATION OFFICER, PUBLIC ADMINISTRATION DEPARTMENT WITH ENGLISH TRANSLATION
Exhibit P-21 TRUE COPY OF THE APPLICATION DATED 30.08.2023 SUBMITTED TO STATE PUBLIC INFORMATION OFFICER, VIGILANCE AND ANTI CORRUPTION BUREAU WITH ENGLISH TRANSLATION
Exhibit P-22 TRUE COPY OF THE REPLY DATED 20.09.2023 BY THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE UNIT, THRISSUR WITH ENGLISH TRANSLATION
Exhibit P-23 TRUE COPY OF THE APPLICATION DATED 24.02.2025 SUBMITTED TO STATE PUBLIC INFORMATION OFFICER, OFFICE OF LAND REVENUE COMMISSIONER WITH ENGLISH TRANSLATION
Exhibit P-24 TRUE COPY OF THE REPLY BEARING NO. LR/2488/2025-LR(L3) DATED 19.03.2025 WITH ENGLISH TRANSLATION
Exhibit P-25 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN IN WP (C) NO. 2376/2023 DATED 07.02.2023
Exhibit P-26 TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP (C) NO. 16710/2023 DATED 05.06.2023
Exhibit P-27 TRUE COPY OF THE CITATION OF HON'BLE SUPREME COURT IN HARI BANSH LAL V. SAHODAR PRASAD MAHTO [2010 SUPREME (SC) 799]
Exhibit P-28 TRUE COPY OF THE CITATION OF THIS HON'BLE SUPREME COURT IN RAJESH ASWATHY V. NAND LAL JAISWAL [2012 SUPREME 759]
Exhibit P-29 TRUE COPY OF THE CITATION OF THIS HON'BLE COURT IN PREMACHANDRA KEEZHOTH & ANR V. CHANCELLOR KANNUR UNIVERSITY[2023 SUPREME 1185]
Footnotes
- 1.2012 Supreme(SC) 759