No one has right to harass public officers with repeated complaints: Bombay HC

Mumbai: No one has the fundamental right to harass public officers with repeated complaints on the same issue, the Bombay High Court has said refusing to quash the BMC's circular declaring four individuals as 'persona non-grata'.

A division bench of Justices A S Gadkari and Kamal Khata on Tuesday said while it was not in any way seeking to defend public servants who fail to fulfil their duties, no public servant can be expected to work under constant threats and pressure from habitual complainants.

The Brihanmumbai Municipal Corporation (BMC) issued a circular in December 2021, declaring four individuals as 'persona non-grata' (unwelcome) for filing numerous and similar complaints regarding bad condition of roads and cutting of trees.

The circular said the complaints filed by these persons were only to harass the BMC officials and permitted the civic staff to not entertain repeated complaints from them on the same issue once they are replied suitably.

Two of the individuals - Sagar Daunde and Nanasaheb Patil - had filed a petition in the HC challenging the circular claiming it was illegal and arbitrary.

The plea also claimed issuance of such a circular was violative of their fundamental rights and that they are entitled to transparent, efficient and timely public services.

The high court, however, refused to quash the circular and said it finds the circular to be conscious and well-considered.

The persons were declared 'persona non-grata' only after their complaints on the same subject were addressed, it said.

The circular merely permits ignoring repeated complaints on identical issues and hence does not infringe on the petitioners' fundamental right, the HC said.

"We affirm that no individual has a fundamental right to harass the public officers performing lawful duty by repeatedly filing complaints and appeals on the same issue or casting personal aspersions against them when dissatisfied with their responses," the court said.

"In our view, such threats hinder the smooth functioning of any public office. If the circular is set aside, it would render it nearly impossible for public office staff to perform their duties without fear," it added.

The bench said it strongly opposes any actions that hamper the work of officers and staff who are unfairly targeted with malafide intention.

It also said the BMC staff should not refuse to entertain any fresh complaints filed by the petitioners, as their complaints are mainly regarding inferior quality of road construction work or reckless cutting of trees.

Someone has to take up these issues as it is a matter of fact that roads are in a bad condition in the city, the HC observed.