GAJANAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Present petition styled as a public interest litigation has been filed by the petitioner describing himself to be a practicing Advocate at the civil court Bhinga, Shrawasti. He seeks direction upon the Chairman/Member Secretary, U.P. Pollution Control Board, Lucknow to take disciplinary action against private respondent nos.4 and 5 were Regional Officer, U.P. Pollution Control Board and J.R.F., U.P. Pollution Control Board respectively. Further direction has been sought for decision on the petitioner's application/representation dtd. 28/1/2023 filed on affidavit addressed to the Chairman, U.P. Pollution Control Board.

(2.) At the outset, preliminary objection has been raised by learned Standing Counsel both as to the earlier similar petition filed by the petitioner which has been dismissed and also on account of the fact that the petitioner being a practicing Advocate is not an expert in the field of pollution. He may not have filed the present petition. Present petition has been described as a colourable proceeding instituted to achieve collateral purpose. He has relied on a decision of the co-ordinate Bench of this Court in Gurmeet Singh Soni (Advocate) vs State of U.P. and Ors (P.I.L. Civil No. 11520 of 2021), decided on 7/6/2021.

(3.) Having heard learned counsel for the parties and having perused the record, it may be noted, the relief being sought by the petitioner is not to improve the general condition of the environment of any particular locality. Rather, it has been filed to pursue complaint made by the petitioner (in his personal capacity) against private individual who happen to be the functionaries of the U.P. Pollution Control Board. In the first place, we do not wish to make any observation as may reflect on the merits of that complaint. A citizen who may have made a complaint against an administrative authority may be permitted to pursue the same to its logical end. Administrative authorities may also remain cognizant of any such complaint and may, in deserving facts, deal with such complaints in the manner deemed appropriate.