-1- mgj IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION P.I.L.No. 73 of 2006 Mr.Balasaheb Shankarrao Patole ..Petitioner vs. 1. State of Maharashtra & ors ..Respondents Shri C.S.Patil i/b Shri Anurag Jain for petitioner. Shri V.P.Malvankar, A.G.P. for respondent no.1. Shri R.G.Ketkar for respondent nos. 2 and 3. CORAM: CORAM: CORAM: J.N.PATEL & J.N.PATEL & J.N.PATEL & S.J.KATHAWALLA S.J.KATHAWALLA S.J.KATHAWALLA JJ. JJ. JJ. 12th November, 2008 12th November, 2008 12th November, 2008 P.C. P.C. P.C. 1. The petitioner, who claims to be a social worker, has filed this petition as public interest litigation seeking a direction to the respondents, namely, State of Maharashtra through its Principal Secretary, Pune Municipal Corporation, Commissioner of Pune Municipal Corporation to take necessary steps to control and/or remove the alleged incompetent, inefficient and corrupt officers who are on the roll of respondent no.2 Corporation. Further directions are sought against the respondents directing them to submit six monthly evaluation report on the steps taken for controlling and/or removing such incompetent, -2- inefficient and corrupt officers who are on the roll of Pune Municipal Corporation. 2. In response to the petition, Joint Municipal Commissioner of respondent no.2 has filed his detailed affidavit wherein he has pointed out that the Public Interest litigation is filed in service matters and having regard to the settled position of law, the public interest litigation in service matters cannot be entertained. He has further pointed out that the petitioner has made reckless and baseless allegations in the petition based upon newspaper reports and hearsay material. No concrete instances of alleged corruption are given. The said affidavit also sets out the immediate steps taken from time to time against officials who have misconducted themselves. We are satisfied with the material placed before us by respondent no.2 pertaining to the steps taken as regards such officials. 3. We find that the petitioner has made vague and general allegations based on newspaper reports and has tried to give an impression that all is not well in the Municipal Corporation, Pune. No -3- rejoinder has been filed by the petitioner nor any cogent material is even brought at this stage before the Court in support of the allegations made in the petition. We are of the view that the petition lacks bonafides and is not in public interest. We, therefore, dismiss the petition and direct the petitioner to pay a sum of Rs.10,000/- towards costs within a period of four weeks from today. If the petitioner fails to pay the costs, Collector, Pune is directed to recover the same as a fine by resorting to the provisions of Maharashtra Land Revenue Code and upon recovering the costs the same be credited to the account of the District Legal Services Authority, Pune. (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.) (S.J.KATHAWALLA J.) (J.N.PATEL J.)