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A Delhi High Court bench of Chief Justice DN Patel and Justice Neena Bansal Krishna today dismissed a public interest litigation (PIL) seeking the cancellation of appointment of a Junior Commissioned Officer (JCO) in the Indian Army, alleging that Singh had produced false certificates for securing the employment.

The bench noted that in the garb of a public interest litigation, the petitioner had infact filed a "revenge taking type of petition".

It refused to accept the petitioner's argument that he was seeking to prevent the alleged use of fraudulent measures for securing employment in the Indian Army.

The petitioner, Rohit Shukla, had sought relief against the appointment of one Karamveer Singh, who was appointed as a JCO iin the Indian Army in 2015.

The petitioner, Rohit Shukla, appearing in person, alleged that and sought that his appointment be cancelled.

At the outset, the Court noted that the reliefs were sought against Singh in his absence, as he was not even made a party to the petition. 

The bench then proceeded to entertain the "so-called PIL" stating that Karamveer Singh, against whom relief was sought was not joined as a party in the writ petition at all.

The bench said, "No writ petition can be allowed in the absence of a candidate or Karamveer Singh is not joined as a party in the writ petition. No writ petition can be allowed in the absence of a candidate or an employee whose appointment is sought to be terminated. Such employee ought to be heard by the Court. Such employee is an essential party to the litigation."  

The Court also cited that the petition has been preferred with "gross, unexplained delay" 7 years after the disputed appointment.

It concluded pointing out that a PIL in a purely service matter,  for termination of service is not tenable in law.

In the backdrop, the Court opined that there is no substance in the writ petition and dismissed the same with Rs. 25,000 cost to be deposited with the Delhi Legal State Services Authority within 4 weeks.

Cause Title: Rohit Shukla vs DGMS (Army)