No public servant expected to work under constant threats from complainants: HC

The Bombay High Court ruled that individuals cannot harass public officers with repeated complaints and upheld a BMC circular labeling persistent complainants as unwelcome.

MUMBAI: The Bombay high court on Tuesday held that no individual has a right to harass public officers performing their lawful duty by repeatedly filing complaints and appeals on the same subject or casting personal aspersions against them when dissatisfied with their responses.

No public servant expected to work under constant threats from complainants: HC

The court was hearing a petition filed by Sagar Daunde and Nanasaheb Patil, residents of Ghatkopar West, questioning a circular issued by Brihanmumbai Municipal Corporation (BMC) in October 2021. The circular designated the two petitioners and two others as “persona non grata” (unwelcome persons) for filing several complaints against civic officials.

A copy of the circular, reproduced by the court in its order, showed that Daunde and Patil registered 26 complaints with various BMC authorities in the past three months. The circular mentioned that the duo would certain relevant information via an RTI and then start complaining to various BMC authorities if they weren’t satisfied with the responses. It added that repeated complaints from the duo on the same subject should not be entertained by various departments of the civic body once they had been replied to suitably.

“In almost all the complaint letters, the officer’s name is mentioned, and baseless allegations are found made on the staff of this office and targeting the officers at personal levels,” the circular read. It further recorded that the duo would then proceed to involve higher officials like the RTI appellate authorities and anti-corruption bureau in the matter.

Advocate Aniesh Jadhav, appearing for the petitioners, said that the circular lacked legislative sanction and was issued without granting his clients a hearing. However, a bench of justice Ajay Gadkari and justice Kamal Khata observed that the circular was self-explanatory and there was no need for the BMC to reply.

The court clarified that civic officials cannot refuse to entertain fresh complaints of the petitioners, even on the same subject, if made after a reasonable period. However, it added that based on the circular, there was no justification for encouraging repeated complaints on the same subject once an appropriate response had been provided as required by law.

“In our view, no public servant is expected to work under constant threats and pressure from habitual complainants,” the court observed in its order dismissing the petitions.