STATE OF U. P. & ORS. versus NEERAJ CHAUBEY & ORS.

STATE OF U. P. & ORS. versus NEERAJ CHAUBEY & ORS.

Directions regarding construction of a new High Court building and early sanction of funds were appropriate, but they must be issued by the bench designated as per roster fixed by the Chief Justice. An unrelated matter cannot be converted into a PIL and retained by the same bench; proper allocation and adherence to procedure is mandatory.

Parties
Petitioner: State of U.P. & Ors.; Respondent: Neeraj Chaubey & Ors.
Jurisdiction
India
Judgment Date
16 September 2010
Procedural Posture
SLP (civil) / Disposal of Special Leave Petitions
Outcome
SLPs disposed of
Legal Topics
Master of Roster, Allocation of Business, Public Interest Litigation, Judicial Discipline
Constitutional Law Judicial Administration Master of Roster Allocation of Business Public Interest Litigation Judicial Discipline

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Parties

State of U.P. & Ors.

Petitioner

Neeraj Chaubey & Ors.

Respondent

Procedural Posture

SLP (civil) / Disposal of Special Leave Petitions

Legal Issues

  1. 1 Whether the Division Bench of the High Court could treat an unrelated service matter as Public Interest Litigation and pass directions regarding construction of the High Court building without proper allocation as per roster.
  2. 2 Whether the Chief Justice alone has the authority to allocate business and assign cases to benches in the High Court.

Ratio Decidendi

Directions regarding construction of a new High Court building and early sanction of funds were appropriate, but they must be issued by the bench designated as per roster fixed by the Chief Justice. An unrelated matter cannot be converted into a PIL and retained by the same bench; proper allocation and adherence to procedure is mandatory.

Court Disposition

SLPs disposed of

Orders

  • State permitted to move application before Chief Justice for appropriate directions.
  • Impugned order directing officials to appear before the High Court on the fixed date to remain stayed.