CENTER FOR PUBLIC INTEREST LITIGATION AND ANR . versus UNION OF INDIA AND ANR.

CENTER FOR PUBLIC INTEREST LITIGATION AND ANR . versus UNION OF INDIA AND ANR.

The appointment of Respondent No.3 as Chief Secretary while allegations and inquiries are pending is improper; postings of officers holding sensitive posts should be made in transparent manner and not invite controversy or criticism. The State Government is directed not to post Respondent No.3 as Chief Secretary but to transfer her to another post in her cadre/grade.

Parties
Petitioner: Center for Public Interest Litigation and Anr.; Respondent: Union of India and Anr.
Jurisdiction
India
Judgment Date
06 October 2005
Procedural Posture
Writ Petition (civil) / Interlocutory Application Disposed
Outcome
Application disposed of; interim relief granted.
Legal Topics
Public Interest Litigation, Appointment of Public Servants, Sanction for Prosecution, Transparency in Government Action, Protection of Public Servants Under Cr PC Section 197
Administrative Law Criminal Law Service Law Public Interest Litigation Appointment of Public Servants Sanction for Prosecution Transparency in Government Action Protection of Public Servants Under Cr PC Section 197

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Parties

Center for Public Interest Litigation and Anr.

Petitioner

Union of India and Anr.

Respondent

Procedural Posture

Writ Petition (civil) / Interlocutory Application Disposed

Legal Issues

  1. 1 Whether Section 197 of the Code of Criminal Procedure applies to the acts alleged against Respondent No.3
  2. 2 Propriety of appointment of Respondent No.3 as Chief Secretary of the State
  3. 3 Requirement of transparency and avoidance of controversy in sensitive government appointments

Ratio Decidendi

The appointment of Respondent No.3 as Chief Secretary while allegations and inquiries are pending is improper; postings of officers holding sensitive posts should be made in transparent manner and not invite controversy or criticism. The State Government is directed not to post Respondent No.3 as Chief Secretary but to transfer her to another post in her cadre/grade.

Court Disposition

Application disposed of; interim relief granted.

Orders

  • State Government is directed to transfer Respondent No.3 to another post in her cadre/grade within seven days.
  • Suitability of Respondent No.3 to be included in the cadre/grade shall be examined in the writ petition; no opinion expressed presently.