THAKUR BAHADUR SINGH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) This case has astoundingly brought to the fore how a noble laudable and public justice-oriented legal process, that is what we call "Public Interest Litigation (PIL)" which is essentially and initially meant to provide legal representation to previously unrepresented groups and citizens, can be misused and abused by mere meddlesome interlopers, without any element of public interest either in their heart or in mind, to have their own axe to grind against an individual for an oblique consideration and as a vexatious measure.

(2.) The facts are simple, and in brief, they are: The third respondent was appointed as Village Administrative Officer (VAO) by the proceeding of the District Collector, Warangal district dated 17-2-1992. The first petitioner submitted a representation dated 17-1-1994 to the Revenue Divisional Officer, Warangal through his advocate, Sri T. Lakshma Reddy alleging that the third respondent secured the job by producing bogus H.S.C. pass certificate. The second petitioner too submitted another representation dated 12-1-1994 to the Joint Collector, Warangal through the same advocate alleging to the same effect. Acting on the representations of the petitioners, the Revenue Divisional Officer issued charge memo dated 19-1-1994 to the third respondent. The third respondent submitted his reply on 9-2-1994. Not being satisfied with the reply of the third respondent, a regular departmental enquiry was conducted in terms of the Andhra Pradesh Village Administrative Officers Service Rules, 1990. The Revenue Divisional Officer found that the third respondent had prescribed educational qualifications for the post of VAO, but the H. S. C. pass certificate produced by the third respondent is bogus. Therefore, the Revenue Divisional Officer removed the third respondent from service as a disciplinary measure. The third respondent's appeals to the District Collector and the Commissioner of Land Revenue were also dismissed. Then, the third respondent filed revision petition before the Government as provided under Rules. The Government by the impugned order dated 21-1-1998 directed the District Collector, Warangal district to reappoint the third respondent as VAO. The relevant portion of the Government order reads thus : "The petitioner studied upto H. S. C. in Maddur High School. For Village Administrative Officer appointment VIIth standard is enough. The petitioner is fully qualified for appointment as Village Administrative Officer. He prayed that the dismissal orders of the petitioner may be set aside and the petitioner be reinstated into service as Village Administrative Officer, Jangaon. Government after careful consideration hereby direct the Collector, Warangal that Sri Mohd. Nazeer Mohammed be reappointed as Village Administrative Officer, Jangaon, Warangal district subject to verification of the genuineness of the T. C. produced by the petitioner by issuing fresh orders."

(3.) In pursuance of the order of the Government the District Collector Warangal issued the proceeding dated 28-8-1998 reemploying the third respondent as VAO after verifying the certificates produced by him. Hence this PIL assailing the validity of the Government order dated 21-1-1998 and that of the proceeding of the District Collector Warangal dated 28-8-1998.