whether elected representative should be prohibited by court from writing recommendation letters for service matters of Government employees

Allahabad High Court: Discussing whether elected representative should be prohibited by the court from writing recommendation letters for service matters of Government employees and employees of public corporations, the Court held that the submission that since the Civil Service Rules prohibit canvassing by a member of the Civil Service, such a direction should bind the elected representatives, cannot be entertained. Dismissing the writ petition, he held that a mandamus cannot be issued under Article 226 of the Constitution of India to prohibit the Chairperson of Rajya Sabha and the Lok Sabha Speaker from writing recommendation letters for service matters of Government employees and employees of public corporations. The Court was of the opinion that the elected representatives are entitled to oversee the interests of their constituencies and to ensure that public officials carry out their duties. [Nutan Thakur v. Chairman, Rajya Sabha, Misc. Bench No.11325 of 2013, decided on December 4, 2013]1

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
Order Date :- 4.12.2013

Case :- MISC. BENCH No. - 11325 of 2013

Petitioner :- Dr. Nutan Thakur [P.I.L.]
Respondent :- Chairman, Rajya Sabha Through Secretary General & Others


Hon'ble Dr. Dhananjaya Yeshwant Chandrachud,Chief Justice
Hon'ble Devendra Kumar Arora,J.

In proceedings which are purportedly filed in the public interest, the petitioner has sought a mandamus to the Chairman of the Rajya Sabha, the Speaker of the Lok Sabha and the Chairman and Speaker respectively of the U.P. Legislative Council and the U.P. Legislative Assembly "to take all necessary action so as to ensure that the law of the land is not violated" by Members of Parliament and of the State Legislature by writing recommendatory letters relating to service matters of Central and State Government employees and employees of public corporations.
The submission is that since the Civil Service Rules prohibit canvassing by a member of the Civil Service, equally such a direction should bind the elected representatives.
Having heard learned counsel for the petitioner, we are emphatically of the view that a grievance of this nature cannot be entertained in proceedings under Article 226 of the Constitution. No mandamus as sought can be issued by the High Court to Chairpersons of duly constituted and elected bodies namely the Lok Sabha and the Rajya Sabha and of the State Legislative Assembly and Council to prohibit an elected representatives from writing what is regarded as a recommendatory letter. Elected representatives are entitled to oversee the interests of their constituencies and to ensure that public officials carry out their duties.
These are certainly not matters which fall within the province of the Court. If in a given case, a civil servant has improperly utilized his influence based on extraneous considerations in breach of his or her service conditions, that may invite action under the provisions of the governing rules and regulations that apply to the Civil Servants. That is a separate matter altogether. However, no direction can be issued by this Court either to the elected representatives or to the Heads of the Legislatures which are duly constituted constitutional bodies of the nature which is sought in these proceedings.
Accordingly, the writ petition is dismissed.

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