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Kamran v/s Chief Secretary

    Civil Misc. Writ Petition No. 1303 (MB) of 2014

    Decided On, 18 February 2014

    At, High Court Of Judicature At Allahabad Lucknow Bench

    By, THE HONOURABLE MR. JUSTICE RAJIV SHARMA & THE HONOURABLE MR. JUSTICE MAHENDRA DAYAL

    For the Appellant: Arun Kumar Tiwari, Ghulam Waris, Advocates. For the Respondent: R.K. Chaudhary, Advocate.



Judgment Text

Rajiv Sharma & Mahendra Dayal, JJ.

1. Heard Mr. Arun Kumar Tiwari, learned Counsel for the petitioner, Ms. Bulbul Godiyal, learned Additional Advocate General and Mr. R.K. Chaudhary, learned Counsel for the Corporation. Ms. Bulbul Godiyal, learned Additional Advocate General has raised a preliminary objection that as the petitioner is an accredited journalist of Daily Newspaper 'Urdu Qaumi Ailan', he has no locus standi to file the instant writ petition for a direction to the opposite party Nos. 1 and 2 to constitute a Committee for conducting the inquiry in the matter of biased appointments made on the posts of Deputy Manager, Technical Assistant, Junior Officer or Peon in the U.P. State Warehousing Corpo

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ration, Lucknow, contained in Annexure No. 4 to the writ petition. She further submits that earlier, the petitioner has preferred a complaint dated 30.1.2014, Annexure No. 1 to the writ petition, before the Chief Minister and Chief Secretary and without waiting for the outcome for a reasonable time, the petitioner has rushed to this Court.

2. At this stage, learned Counsel for the petitioner submits that the petitioner is actively working against the menace of corruption which is destroying the main fabric of the country. Therefore, he has preferred a complaint as stated here-in-above. According to him, the aforesaid posts have been filled in by the kith and kin of higher officials of the Corporation. Therefore, the instant writ petition has been preferred by him.

3. Considered the submissions made by the parties' Counsel. As evident from narration of the facts given above, the petitioner has preferred complaints to the Chief Minister and Chief Secretary against the appointments made by the Selection Committee. During the course of arguments, it has been submitted that the Board has made selections and the said Board has not been impleaded, though it is proper and necessary party and the writ petition deserves to be dismissed on the ground non-misjoinder of necessary party.

4. According to our opinion, a 'person aggrieved' means a person who is wrongly deprived of his entitlement which he is legally entitled to receive and it does not include any kind of disappointment or personal inconvenience. 'Person aggrieved' means a person who is injured or he is adversely affected in a legal sense. Thus, when the petitioner has not participated in the selection process he cannot be said to be an 'aggrieved person' but can easily be termed as 'person annoyed'.

5. It is settled law that a person who suffers from legal injury only can challenge the act/action/order etc. by filing a writ petition. Writ Petition under Article 226 of the Constitution is maintainable for enforcing a statutory or legal right or when there is a complaint by the petitioner that there is a breach of the statutory duty on the part of the authorities. Therefore, there must be a judicially enforceable right for the enforcement of which the writ jurisdiction can be resorted to. The