Case Note & Summary
The petitioner, Rajkumar Bhujangrao Dhakane, invoked the extraordinary writ jurisdiction of the Bombay High Court under Article 226 of the Constitution of India seeking a writ of mandamus to set aside a notification dated 5th July 2021 that removed him from the post of Member (Person of eminence from the Civil Society) of the State Police Complaints Authority (SPCA). The petitioner had been appointed to the post on 14th July 2020 after applying in response to an advertisement and following a police verification report. He claimed that he took charge and regularly attended the office. The State Government, however, acted on a report from the Director General of Police that alleged several criminal complaints were registered against the petitioner, leading to his removal. The petitioner contended the removal was arbitrary and illegal, though no specific grounds were detailed in the judgment. The State argued that the petitioner was not a fit and proper person for the post. The High Court, after noting the petitioner's failure to make a prior demand for justice—an essential precondition for a writ of mandamus—dismissed the petition. The court relied on a long line of precedents establishing that a writ of mandamus cannot be granted unless the petitioner first called upon the authority to perform its legal duty and that duty was refused. The court found no averment of such demand in the petition, nor any evidence of it. It also remarked that the petition lacked merits but primarily rested its decision on the procedural defect. The writ petition was accordingly dismissed.
Headnote
A) Constitutional Law - Writ of Mandamus - Demand for Justice - Constitution of India, Article 226 - A writ of mandamus under Article 226 will not issue unless the petitioner has first made a distinct demand calling upon the public authority to perform its legal duty and that demand has been refused; this rule is well-settled and applies as a condition precedent to seeking such a writ. Held: The petition is not maintainable for failure to aver or prove any demand for justice and its refusal (Paras 4-13). B) Service Law - Removal from Public Post - Judicial Review - Maharashtra Police (Amendment and Continuance) Act, 2014, Sections 22(O); Maharashtra State Police Complaints Authority Conditions of Service Rules, 2016, Rule 10 - The petitioner was removed from the post of Member (Person of eminence from the Civil Society) of the State Police Complaints Authority based on a report of criminal complaints. Held: The court declined to interfere on merits, noting that the petition lacked substance and was not satisfied of its merits, but dismissed it primarily on the procedural ground of absence of demand for justice (Paras 14-18).
Issue of Consideration
Whether a writ of mandamus can be issued under Article 226 of the Constitution of India in the absence of a prior demand for justice and its refusal.
Final Decision
Writ Petition dismissed. No mandamus can issue without prior demand for justice and its refusal, and the petition lacked merits.
Law Points
- Writ of Mandamus requires prior demand for performance of legal duty and its refusal
- Absence of demand for justice is fatal to maintainability of petition under Article 226
- The well-settled rule from English practice applies in India
- Demand must be specific and communicated to the authority
- Rule applies equally to judicial review of administrative action
