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Advocate. Arunagiri (Advocate High Court Madras.)     03 April 2010

Compassionate grounds appointments by giving false info

X obtained a appointment letter from the Central Govt, on compassionate ground by giving false info. Whether it can be challenged by way of Writ PIL. There is nobody directly affected by this appointment. Who can be the petitioner.



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 3 Replies

Daksh (Student)     03 April 2010

Dear Mr.Arunagiri,

My answer is in negative as you have a altenative efficatious remedy of approaching his/her immediate boss or HR head who will ensure a legitimate departmental enquiry to throw him out of the illgotten job.  If this course of action does not succeed  then one can approach the Court in its Writ Jurisdiction.

Best Regards

Daksh

Swami Sadashiva Brahmendra Sar (Nil)     03 April 2010

Any body can file a petition for writ of quo warranto. Having iterest in the case is not necessary.

Advocate. Arunagiri (Advocate High Court Madras.)     04 April 2010

I have filed 2 writ petition challenging the appointment. 1st petition is a PIL by a Social Worker. 2nd petition is a PIL by a Central Govt Employee, Social Worker and Son of a Central Govt Employee(deceased). both petitions were disissed. The ___ High Court, had dismissed even in the admission state holding that 3rd party cannot challenge in the service matters. CAT says only aggreived parties can challenge the appointment.

However thanks for suggesting to file a petition for writ of quo warranto.


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