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The high in its order noted that if the amount is not deposited by the petitioner then the PIL would not be heard and would be dismissed
A division bench of the Bombay High Court at Aurangabad, comprising Justice Ravindra V Ghuge and Justice YG Khobragade, recently directed the petitioner in a Public Interest Litigation to deposit Rs. 7.5 Lakhs as a pre-deposit for the hearing of the case.
The petitioner had initiated multiple proceedings against public officers, and the court observed that these proceedings were kept pending like the 'Sword of Damocles.'
“Ex-facie, we are, therefore, of the view that the Petitioner is interested only in initiating cases against the officers working in the Public Works Department or Irrigation Department and keeping them pending like the ‘Sword of Damocles’,” the bench observed.
The high court was hearing a public interest litigation against nine public officers and six contractors, filed by a contractor alleging misappropriation of Rs. 3 crores. The petitioner sought an inquiry against all of them and directions to conduct disciplinary proceedings under the Maharashtra Civil Services (Discipline and Appeal) Rules.
The court noted that the petitioner had previously filed four criminal cases, two writ petitions, and another public interest litigation against different officers, which are still pending and have not been concluded.
The bench also recorded that in all the cases after the issuance of the notice, the matters were not conducted.
“The common feature in the proceedings filed by the Petitioner in this Court in the nature of the Criminal Writ Petition/ Criminal PIL etc., is that these petitions are pending ever since the notice has been issued. After issuance of notice, the matters are not conducted. The same is the case with the pending Criminal Cases before the Trial Courts wherein, the stages in the matters are at framing of charges or leading of evidence,” the court observed.
The bench directed the petitioner to deposit Rs. 50,000 per officer as a precondition to hear the petition.
Advocate Aniruddha Nimbalkar, representing the petitioner, assured the court that the petitioner would deposit Rs. 7.5 lakhs within 60 days, and the court granted the petitioner the specified time to fulfil the deposit.
Case title: Sharad Kulkarni vs State of Maharashtra & Ors
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