T M SAMPATH Vs. UOI

JUDGEMENT

(1.) THE petitioner seeks a writ of quo warranto quashing the appointment of the respondent no.3 Shri M.P. Gupta to the post of Director (Finance) in the respondent no.2 National Water Development Agency (hereinafter referred to as NWDA), an autonomous body functioning under the respondent no.1 Ministry of Water Resources.

(2.) THE writ petition was accompanied with an application for interim relief to restrain the respondent no.3 from functioning at the said post. Notice of the Writ Petition was issued but the interim relief declined. Counter affidavit was filed by the respondents. Pleadings were completed. However finding that the NWDA had been notified under Section 14 of the Administrative Tribunals Act, 1985, vide order dated 11th December, 2009, the matter was transferred to Central Administrative Tribunal. THE said Tribunal vide order dated 26th March, 2010 finding that the challenge by the petitioner to the appointment of the respondent no.3 was in the nature of a Public Interest Litigation (PIL) and on the basis of State of Uttaranchal v. Balwant Singh Chausal 2010 (1) SCALE 492 holding that the Tribunal is not empowered to entertain a PIL, sent the matter back to this Court. THE petitioner appearing in person and the counsels for the respondents have been heard.

(3.) THE respondents in their counter affidavit have disclosed as many as 13 writ petitions before this Court and 10 original applications before the Tribunal, filed by the petitioner and which were not disclosed by the petitioner in the petition. THE Central Administrative Tribunal in one of the said proceedings instituted by the petitioner observed that the petitioner is suffering from paranoia without any convincing proof.