LAWS(HPH)-2019-12-56

SATISH CHANDRA MISHRA Vs. UNION OF INDIA

Decided On December 16, 2019
SATISH CHANDRA MISHRA Appellant
V/S
UNION OF INDIA Respondents

JUDGEMENT

(1.) The instant writ petition has been filed for the following relief:

(2.) Since, the petitioner has prayed for a writ of quo warranto, therefore, the only question required to be determined is whether such a writ can be issued when indubitably the appointment in question has not been made under any statutory rules or provisions governing or the Constitution of India and the same has to be made solely on the basis of the administrative instructions governing such appointment.

(3.) According to the Stroud's Judicial Dictionary, 4th Edition, "Quo Warranto is a writ that lies against a person who usurps any franchise, liberty or office."