ANIL DUTTA MISHRA Vs. GANDHI SMARAK SANGRAHALAYA SAMITI

JUDGEMENT

(1.) This writ petition is filed by the petitioner Dr. Anil Dutta Mishra impugning his dismissal from services by the respondent no.1-Gandhi Smarak Sangrahalaya Samiti/employer.

(2.) Respondent no.3 is Union of India. Union of India has filed an affidavit stating that except for giving a one-time grant of Rs.10 crores to the respondent no.2, which is managed by respondent No.1, the Union of India is not in the management and control of the respondent no.2. Similar is the stand of the respondent nos. 1,2 and 4 who have filed a common counter-affidavit. Respondent no.1 is the employer.

(3.) The law with respect to entertaining of writ petitions is now well settled. Ordinarily a writ petition lies against the Union of India or the State Government or a body which is a 'State' or 'instrumentality of State' as per Article 12 of the Constitution of India. Of course, in limited number of cases even against a private body writ petition will lie, but these writ petitions are those wherein issue arises of compliance of certain welfare legislations or equally important legislative provisions by the private body. Against a private body as such when the private body is not doing what are known as public functions or statutory functions or such other important functions which would make it a State, a writ petition will not lie.