A person declared "persona-non-grata" cannot claim an absolute right to access public offices
Bombay High Court Upholds 'Persona-Non-Grata' Order Against Former Employee. Court rules in favor of Western Coalfields Ltd., emphasizing reasonable restrictions on fundamental rights to ensure smooth public office functioning.
In a significant ruling, the Nagpur Bench of the Bombay High Court has dismissed a writ petition challenging the declaration of "persona-non-grata" against a former employee of Western Coalfields Limited (WCL). The petitioner, Shri Kishor, had sought to overturn an order restricting his access to WCL premises, which he frequently visited after his termination in 2004.
The bench, comprising Justices Anil S. Kilor and Rajnish R. Vyas, delivered its verdict on October 6, 2025, asserting that fundamental rights, including the right to move freely, are subject to reasonable restrictions. The court highlighted that Kishor's repeated visits and baseless complaints disrupted the smooth functioning of the public office, thereby justifying the administrative action against him.
The petitioner, who represented himself, argued that his activities as a social activist warranted his presence at WCL for redressing grievances. However, the respondents contended that his persistent unauthorized visits and baseless allegations constituted harassment of public officials, posing a threat to the security and operation of the establishment.
Referencing the case of Sagar Hanumanta Daunde v. Municipal Corporation of Greater Mumbai, the court reiterated that no individual has the right to harass public officers by filing repetitive and frivolous complaints. The judgment emphasized that while citizens have the right to report grievances, these should not impede public administration or burden officials with malicious intent.
The court concluded that the petitioner’s behavior demonstrated a lack of bona fide intent, further justifying the decision to declare him a "persona-non-grata." It dismissed the petition, affirming the validity of administrative actions aimed at ensuring the smooth operation of public offices.
Bottom Line:
A person declared "persona-non-grata" cannot claim an absolute right to access public offices, especially when such conduct disrupts the smooth functioning of the office and violates reasonable restrictions under the Constitution.
Statutory provision(s): Constitution of India Article 19(1)(d), Article 19(5)
Shri Kishor v. Western Coalfields Ltd., (Bombay)(Nagpur Bench)(DB) : Law Finder Doc Id # 2789790
