Pil in service matters
denish
(Querist) 22 February 2012
This query is : Resolved
My colleague working in a Bank was suspended by scale -IV officer while the competent authority is scale VI officer . He moved to Allahabad High Court on the basis that the suspension was not passed by the competent authority, but High Court dismissed his application ordering that the scale IV officer was delegated power by scale VI officer while it true that delegated powers can not be delegated.The case was in double bench. 90 days from the order have been passed. Can he move for revision to Supreme Court now ? Or a PIL is permissible in this case as it is against the law ? What can be done in this matter ?
malipeddi jaggarao
(Expert) 22 February 2012
You will have to wait till the double bench disposes the case. In this case,I suppose PIL will not be entertained. The PIL is a device to protect the fundamental rights of the citizens who are in disadvantaged position, ignorant and poor and can not afford to meet the expenses of litigation. It is for the enforcement of basic human rights of weaker sections and whose fundamental & constitutional rights have been infringed by the wrongful act or omission of the State or Public Authority. The most important factor for filing PIL is presence of “Public Interest”.
denish
(Querist) 22 February 2012
The case was in double bench which dismissed his application ordering that the scale IV officer was delegated power by scale VI officer while it true that delegated powers can not be delegated 90 days from the order have been passed. Can he move for revision to Supreme Court now ? What can be done in this matter ?
Kirti Kar Tripathi
(Expert) 22 February 2012
Once special has been filed, no further petition can be filed in Supreme Court. Moreover, dispute regarding service matter can not be considered as public interest litigation. Only aggrieved party or affacted can challenge the same.
Guest
(Expert) 22 February 2012
It is true that normally delegated powers cannot be redelegated further by the authorities vested with delegated powers. But, in your dismissed application case, it clearly seems that your advocate had failed to make the Bank to produce any such order of the Board of Directors, which could have empowered the authorities to further redelegate their powers. So, now instead of hitting in the dark, it will be better if you try to investigate, if any such resolution or authority was issued at any time by any competent authority to redelgate his powers further to any of his subordinate.
I hope, Memorandum and Articles of Association of your company can well help you in this matter, where it is normally prescribed as to who can delegate or redelegate powers.
Raj Kumar Makkad
(Expert) 22 February 2012
Nothing seems to be added in the thoughtful advice of Dhingra ji.
Rajeev Kumar
(Expert) 22 February 2012
Agree with Dhingra ji
prabhakar singh
(Expert) 22 February 2012
What you say is correct"a delegated power can not be delegated"
But it is also true that "a vested power can be delegate"
Only your file knows which way your point was raised and proved.
As the High court has already decided ,the remedy was to move to Supreme court within 90 days but your friend did not.
Hence your query is what to do??
No PIL would lie in any case.
However your friend can still file a "special leave petition" along with a "delay condonation application".
V R SHROFF
(Expert) 19 September 2013
Nothing seems to be added in the thoughtful advice of Shri PS & Dhingraji
