Sengbreezbirth N. Marak vs State Of Meghalaya & Ors
2024 Latest Caselaw 49 Meg

High Court of Meghalaya

Sengbreezbirth N. Marak vs State Of Meghalaya & Ors on 16 February, 2024

Author: W. Diengdoh

Bench: W. Diengdoh

Serial No. 04                HIGH COURT OF MEGHALAYA
Regular List                        AT SHILLONG

        PIL No. 12 of 2023
                                                            Date of order: 16.02.2024
        Sengbreezbirth N. Marak        vs                   State of Meghalaya & ors
        Coram:
              Hon'ble Mr. Justice S. Vaidyanathan, Chief Justice
              Hon'ble Mr. Justice W. Diengdoh, Judge
        Appearance:
        For the Petitioner         :   Mr S. Deb, Adv.
        For the Respondents :          Mrs T. Yangki B., AAG with

Mr E.R. Chyne, GA

This Court posed a question to the learned counsel for the petitioner in respect of the maintainability of PIL in service matters. In our opinion, the present PIL is not maintainable in the light of the judgments of the Supreme Court in Dr. Duryodhan Sahu & others v. Jitendra Kumar Mishra & others reported in (1998) 7 SCC 273 and Hari Bansh Lal v. Sahodar Prasad Mahto & others reported in (2010) 9 SCC 655. Learned counsel for the petitioner seeks time to convince the Court by citing judgments of the Apex Court and other High Courts. In order to give an opportunity to the petitioner, the Registry is directed to list this matter on 20.02.2024.

It is open to the respondents to file a short affidavit in support of their objections to the PIL, if so advised.

                    (W. Diengdoh)                             (S. Vaidyanathan)
                        Judge                                    Chief Justice

        Meghalaya
        16.02.2024
         "Sylvana PS"