Case Name: Legislative Council, U.P., Lucknow & Ors. v. Sushil Kumar & Ors. (with connected appeals)
Citation: Civil Appeal Nos. 11842–11846 of 2025
Date of Judgment: 16 October 2025
Bench: Justice J.K. Maheshwari and Justice Vijay Bishnoi
Held: The Supreme Court held that the Allahabad High Court acted beyond its jurisdiction by converting a pending special appeal into a suo motu public interest litigation and directing a CBI inquiry into alleged irregularities in recruitment to the Uttar Pradesh Legislative Assembly and Council Secretariats. The Court ruled that there was no prayer, pleading, or material warranting such an investigation and that the High Court’s directions, issued purely on “doubt and assumption,” violated principles of natural justice and the self-imposed limitations on extraordinary powers under Article 226 of the Constitution.
Summary: The High Court had, while hearing a special appeal and a connected writ petition challenging recruitment to Class-III posts under Advertisement No. 1/2020, directed the CBI to conduct a preliminary inquiry and registered the matter as a suo motu PIL. The Supreme Court observed that none of the parties sought such a probe and that the High Court could not transform an intra-court appeal into a public interest proceeding. Citing its earlier rulings in Sahngoo Ram Arya, Committee for Protection of Democratic Rights, and Shree Shree Ram Janki Asthan Tapovam Mandir, the Court reiterated that a CBI inquiry may be ordered only in exceptional cases involving credible material, systemic failure, or national ramifications. Routine referrals based on mere suspicion undermine the constitutional balance between the judiciary and executive.
Decision: Appeals allowed. The Supreme Court set aside the High Court’s orders dated 18 September 2023 and 3 October 2023 that had ordered a CBI inquiry and directed registration of a suo motu PIL. The High Court was directed to decide the pending special appeal and related writ petition on their merits, without being influenced by any prior observations.