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2001 DIGILAW 1066 (ALL)

UMESH SINGH v. SECRETARY (MEDICAL AND HEALTH) UTTAR PRADESH

2001-11-24

D.S.SINHA, LAKSHMI BIHARI

body2001
D. S. SINHA, LAKSHMI BIHARI, JJ. ( 1 ) LIST has been revised. No one appears for the petitioner. Sri Vinay Malviya, learned standing counsel of the State of U. P. , representing the respondents, is present and has been heard. ( 2 ) BY means of this petition, under Article 226 of the Constitution of India, which is a classic instance of the prevailing rampant abuse of the newly developed Judicial mechanism of Public interest Litigation, frequently used by unscrupulous petitioners to serve their personal interest, and not to protect the interest of those for whom it has been designed, the petitioner prays for issuance of a writ of mandamus commanding the respondents to transfer one Sri Ram Vibhuti singh. Pharmacist at Primary Health Centre, Pattherdewa in the district of Deoria to another district. Further prayer of the petitioner is that the respondents may be commanded to get the residential accommodation allotted to Sri Ram Vibhuti Singh vacated. ( 3 ) IT is pertinent to notice that Sri Ram Vibhuti Singh, though referred in the petition as respondent No. 5, has not been impleaded as respondent, and in his absence no Order detrimental to his interest can be passed. ( 4 ) THE Court has examined the pleadings contained in the petition thoroughly, and has not been able to find any public interest which the petitioner purports to espouse. Whether a particular government servant is to be retained at a particular station or is to be transferred to other station is a subject which lies exclusively in the domain of the powers of the State. The petitioner who professes himself to be a social worker, without any tangible credential, or any other member of the public has no locus to Interfere therein. The petitioner, in the opinion of the Court, is merely a busybody and interloper. It appears that he has some hidden evil agenda, other than professed public interest, and wants to utilise the Instrumentality of this Court to accomplish the same. The jurisdiction under Article 226 of the Constitution of India cannot be allowed to be invoked for serving dishonest and unscrupulous objects. ( 5 ) IN the backdrop of what has been said above, the Court is not inclined to intervene in the matter. The petition is devoid of substance. It is dismissed summarily. .