Violation Of Service Rules Not Violation Of Public Function, Action Against Private Employee Not Amenable Under Article 226: MP High Court

The Indore Bench of Madhya Pradesh High Court has held that violation of service rules would not come within the purview of violation of discharge of public functions. The service conditions of an employee is governed by the Service rules and violation of service rules would not come within the purview of violation of discharge of public functions and, therefore, any action taken by a private institution against his employee would not come within the judicial scrutiny of this Court under Article 226 of the Constitution of India.” The present petition challenges the order issued by respondent No.4/Ultratech Cement Limited whereby the petitioner was directed to be superannuated at the age of 58 years with effect from 31.1.2025. He argued that respondent No.4, even though a private company, is controlled by the respondent No.1 and is discharging public duty and, therefore, writ petition is maintainable under Article 226 of the Constitution of India. The emphasis is on the nature of duty and if the private person or authority is discharging a public duty, the writ is maintainable.” The court referred to Laurels School International Vs. Union of India and Others wherein it was held that in a case of termination of a teacher of a private institution, the writ is maintainable because it affects The Right of Children to Free and Compulsory Education Act, 2009 and the Rules framed therein. The court observed, “the petitioner who was working as a Workman with the respondent No.4 which is a private company and is seeking relief for continuation in service upto 60 years of age cannot be held to be an action relating to public duty of the respondent No.4.