LAWS(P&H)-2004-10-8

JASKARAN SINGH BRAR Vs. STATE OF PUNJAB

Decided On October 15, 2004
JASKARAN SINGH BRAR Appellant
V/S
STATE OF PUNJAB Respondents

JUDGEMENT

(1.) Whether the allegations of fraud in public employment centre-staged on the "procedure and mechanism" adopted by the State of Punjab 'in the wholesome selection of Deputy Superintendent of Police (DSP) from "Outstanding Sports Persons", can be a subject matter of public interest litigation or not and whether this Court in exercise of its writ jurisdiction under Article 226 of the Constitution of India can entertain such pubic interest litigation, even if it is found to be a pro bono publico to prevent and remedy the abuse and misuse of executive powers by the State apparatus, or it shall amount to mere adjudication of "competing claims" between two sets of parties with no element of larger public interest involved ?-are some of the vital issues to which this larger Bench is confronted with. The other related issues pertaining to the legality and propriety of these selections have also been raised in certain individual writ petitions, which we propose to dispose of along with the public interest litigation.

(2.) Two Civil Writ Petitions bearing CWP No. 2527 of 2004 and 3384 of 2004, dubbed as Pubic Interest Litigation, have been filed by Sarvashri Jaskaran Singh Brar and Ravdip Singh Atwal. In the first writ petition the petitioner (Jaskaran Singh Brar) has come up with the following prayers :

(3.) This writ petition appears to have been drafted on February 1, 2004 and on its filing, came up for hearing before a Division Bench of this Court on February 13, 2004 when, while issuing notice to the State of Punjab a direction was issued that "any action taken shall be subject to the result of this writ petition".