• Call Us+91 7388255933
  • Email Uslawgiconivisam@gmail.com
LaWGiCo
  • Home
  • Law Updates
    • PIL is not maintainable in service matters: Supreme Court
  • About Us
  • Features
  • FAQ
  • Contact Us
Login Register

SC: High Court exceeded jurisdiction by ordering CBI probe and converting appeal into suo motu PIL—directions quashed

SC: High Court exceeded jurisdiction by ordering CBI probe and converting appeal into suo motu PIL—directions quashed

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.

Click here to Read/Download the Order

If You Need Any Help Contact LaWGiCo

+91 7388255933

Contact us today!

image

Whether you’re a litigant, a legal counsel, or a corporation — LaWGiCo bridges the gap between law and accessibility.

Quick Links

  • Home
  • Features
  • FAQ
  • Law Updates
  • Contact Us

Resources

  • About us
  • Privacy Policy
  • Cookie Policy
  • Terms & Conditions

Contact us

268 GR FLR HIMSHIKHA COLONY PANCHKULA C.R.P.F. Pinjore Panchkula Haryana India 134104

+91 7388255933

lawgiconivisam@gmail.com

Open Time

Opening Day:
Monday - Friday: 8am to 6pm
Saturday: 9am to 5pm

Vacation:
All Sunday's

Copyright © 2025 LaWGiCo | All Rights Reserved

Design by: H T Logics PVT. LTD