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1 - 3 of 3 (3.31 seconds)Ranjit Thakur vs Union Of India And Ors on 15 October, 1987
Insofar as the first aspect is concerned, it has been authoritatively held by the Supreme Court in RANJIT PRASAD Vs. UNION OF INDIA that the public interest litigation cannot be entertained in the disciplinary proceedings, as the disciplinary proceedings are essentially a matter between the employer and the employee.
Balco Employees Union (Regd.) vs Union Of India & Ors on 10 December, 2001
4. Mr.S.Kanagasabai Moses, learned counsel appearing for the petitioner seeks to distinguish the above judgment on the ground that in the aforesaid Supreme Court judgment, the petitioner was an Advocate, and as the Advocate was a stranger to the employer, the Supreme Court held that public interest litigation is not entertainable, and in this case, a co-employee himself is the petitioner, and as such, the public interest litigation is maintainable. The Supreme Court did not lay down on question of fact, but laid down on legal principles that in matters of disciplinary proceedings, a third party intervention is impermissible whether the third party may be an advocate or may be any other person like the petitioner herein. The purport of the judgment of the Supreme Court is that no third party intervention should be there in the disciplinary proceedings, as it is a matter purely between the employer and the employee, and it is for the employer to see as to whether a particular action invites penal proceedings. There is reason for not allowing intervention of any third party, apart from the co-employee in matters like this. The internal bickerings between the employees can readily be manifested if public interest litigation is permitted, and it will open the flood gates for various reasons like animosity etc. if such complaints are permitted to be ventilated through public interest litigation. What is said by the Supreme Court in the above case is that there cannot be an element of public interest on general matters involving disciplinary proceedings, and that is precisely the principles of law laid down, and in fact, this proposition of law has been further reiterated by the latest Supreme Court judgment in
BALCO EMPLOYEES UNION (Regd) Vs. UNION OF INDIA (2002 (1) CTC 88). In view of what is stated by the Supreme Court, we hold that public interest litigation is not maintainable in this matter.
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