VOICES FOR FREEDOM Vs. UNION OF INDIA

JUDGEMENT

(1.) 'Voices For Freedom' as the petitioner has filed this petition, stated it to be a Public interest Litigation, seeking a writ of certiorari for quashing the appointment of respondent No. 3 to the post of Director General of Police, Punjab and also a writ of mandamus for direction that enquiry against the concerned persons who have allegedly withheld material records of respondent No. 3 at the time of his appointment, be ordered. We would like to point out at the out set that in this petition notice of motion was issued on 17.04.2012 and the Division Bench issuing notice observed that the petition discloses matters of substantial public importance and therefore, it was a fit case for further consideration. After notice was issued, the respondents put in appearance and challenged the maintainability of the writ petition on the ground that not only the issue, which was a service matter, could be the subject matter of Public Interest Litigation, even the bona fides of the petitioner were questionable. Arguments were heard at length on the locus of the petitioner to raise such an issue on 16.10.2012 and detailed order was passed discarding the society as the petitioner but at the same time taking note of the observations contained in the order dated 17.04.2012 it was deemed proper to proceed with the issue and take up the same as suo -motu.

(2.) MR . K.N. Balgopal, learned Senior Advocate was appointed as the Amicus -Curiae and Mr. Kuldeep Khandelwal, Advocate was appointed as the assisting counsel to the Amicus. We have mentioned these proceedings in the beginning itself because of the reason that at the time of final hearing as well, it was staunchly argued by Mr. Ashok Aggarwal that such a PIL involving service matter should not be entertained.

(3.) IT is pleaded that such a person could not have been given the senior most position of Director General of Police (DGP) in a State which is the top position in the police hierarchy.