Madhya Pradesh High Court
Yogesh Kumar Choudhary vs The State Of Madhya Pradesh on 14 August, 2013
W.P.No. 13205 of 2013
Yogesh Kumar Choudhary vs State of M.P. & others
14/08/2013
Shri Sanjeev Tiwari, Advocate for the petitioner.
Shri P.K. Kaurav, Additional Advocate General for the
respondents/State.
Heard.
2. The petitioner has sought the following reliefs:-
"(A) To issue a writ of mandamus directing the respondent authorities 1 to 3 to conduct the inquiry against respondent No.5.
(B) The Hon'ble Court may kindly be pleased to direct the respondent No.1 to 3 to remove/terminate to respondent No.5.
(C) That, this Hon'ble Court may kindly be pleased to direct the competent authority to lodged FIR and punish accordance with laws to respondent No.5, in the interest of justice.
(D) Any other order/orders that this Hon'ble Court deems fit the proper in the facts and circumstances of the case may also kindly be passed."
3. The case of the petitioner, who happens to be a Secretary of AJJAKS is that the appointment of respondent No.5 on the post of Stenographer Grade-III in the office of Collector, Singrauli, is not legal and he should be removed from the said post. It is settled law that in service matter, Public Interest Litigation cannot be entertained.
4. In the present case, main case of the petitioner is that the caste certificate of respondent No.5 was not correct. This question cannot be decided in a writ jurisdiction. The petitioner may W.P.No. 13205 of 2013 approach to the appropriate Forum for redressal of the grievances, including the Collector, Singrauoli.
5. With the aforesaid liberty, this petition is dismissed with no order as to costs.
(Krishn Kumar Lahoti) (Subhash Kakade)
Acting Chief Justice Judge
SJ/-