Apex court refuses public suits on service matters

NEW DELHI - The Supreme Court Monday said hiring an employee is the function of the appointing authority and not that of the court, adding that a public suit on a service matter is not maintainable.

The apex court observation came while setting aside a Jharkhand High Court verdict in which it set aside the appointment of Hari Bansh Lal as chairman of the Jharkhand State Electricity Board.

“The suitability or otherwise of a candidate for appointment to a post is the function of the appointing authority and not of the court unless the appointment is contrary to statutory provisions or rules,” said an apex court bench of Justice P. Sathasivam and Justice B.S. Chauhan in the judgment.

While quashing the appointment Hari Bansh Lal, the high court directed the state Government to make fresh appointment to the post.

Writing the judgment for the bench, Justice Sathasivam directed the Jharkhand government to permit Hari Bansh Lal to join duty forthwith and continue as chairman of the state electricity board in terms of his appointment order.

However, the judgment made it clear that the continuation of Hari Bansh Lal in the post of chairman is subject to the ultimate decision of the government and the same shall be in accordance with statutory provisions.

On the question whether the PIL could be entertained in service matter, the judgment said that ”public interest litigation is not maintainable in service matters”.

In the instant case, Sahodar Prasad Mahto, claiming himself to be Vidyut Shramik Leader filed a public suit in the high court challenging the appointment of Hari Bansh Lal.

He alleged that the board has been constituted in an arbitrary manner and Hari Bansh Lal was a person of doubtful integrity, aged about 90 years.