Nagpur, October 6 - The Nagpur Bench of the Bombay High Court on Monday dismissed a writ petition filed by social activist and former Western Coalfields Limited (WCL) employee, Kishor Jairam Chakole, who had challenged the company’s order declaring him persona non grata a person not welcome within all WCL premises for three years.
The Division Bench comprising Justice Anil S. Kilor and Justice Rajnish R. Vyas observed that no citizen has an "absolute right" to enter public offices, especially when their conduct obstructs administrative functioning.
Background
Chakole, 58, once worked with WCL but was terminated from service in 2004. Since then, he described himself as a social activist who takes up grievances of WCL employees and contract workers. Over the years, he regularly visited WCL offices, filed complaints against senior officials, and claimed to be fighting corruption within the public sector company.
However, according to WCL, his visits became a source of disturbance. The management alleged that he was filing "baseless and malicious complaints" intended to malign officials, breach visitor protocols, and even intimidate staff. Citing these reasons, the company, through an order dated October 7, 2024, banned his entry into all its establishments, including its Nagpur headquarters, for three years.
This was not the first such episode. In 2013, Chakole had challenged a similar ban before the High Court, which had disposed of his plea with an observation that he could seek redressal through appropriate legal forums instead of visiting the office.
Court's Observations
The Bench took a firm stance, emphasizing that "no person has a fundamental right to harass public officers or interfere in their official duties."
Citing its earlier ruling in Sagar Hanumanta Daunde vs. Municipal Corporation of Greater Mumbai (2024 SCC OnLine Bom 3711), the Court reiterated that repetitive and baseless complaints not only disrupt public administration but also demoralize honest officers.
"A person cannot, as a matter of right, claim to have authority to harass the public officials," the Bench observed.
The judges also noted that while citizens are free to raise grievances, this right does not extend to persistent interference in the day-to-day operations of public institutions.
"The petitioner’s behaviour shows that his intention to visit the office was not bona fide," Justice Vyas remarked, reading from the judgment. "His actions appear aimed at obstructing the smooth functioning of the office rather than seeking genuine redressal."
The Court underscored that the right to free movement under Article 19(1)(d) of the Constitution is subject to reasonable restrictions in the interest of maintaining order in public spaces.
"Even fundamental rights under Part III are not absolute," the Bench said, stressing that administrative efficiency cannot be compromised under the guise of activism.
Decision
After reviewing the case record, the Court concluded that WCL's decision to declare Chakole persona non grata was justified. The judges noted that the petitioner's past conduct marked by repeated violations of prior undertakings demonstrated a pattern of harassment.
"Since the relationship of master and servant no longer exists, the petitioner cannot claim absolute access to the office premises," the order stated.
The Bench found that the company had earlier revoked a similar order in 2021, but Chakole continued to flout the conditions of good conduct imposed then. His renewed behaviour left the management "no choice but to act again."
Finally, the Court held that Chakole could pursue grievances or complaints through proper channels such as online submissions or postal communication but not by personal visits that disturb office functioning.
"The petitioner can file complaints online or by post. His personal entry into public offices cannot be claimed as a matter of right," the Bench clarified.
Concluding the hearing, the Court dismissed the petition and discharged the rule, effectively upholding WCL's restriction order.
Case Title: Shri Kishor S/o Jairam Chakole vs. The Western Coalfields Ltd. & Others
Case Number: Writ Petition No. 1627 of 2025
