The main legal point established in the judgment is that the Writ of Mandamus is only granted to compel the performance of a legal duty, and the petitioner's alternative legal remedies under the Criminal Procedure Code were emphasized.

1. The Petitioner has preferred the instant Writ of Mandamus praying for passing of an order by this Court in directing the Respondent to forward his complaint dated 10.02.2011 forthwith to the Inspector of Police (Crime), Virugambakkam, so as to enable them to take swift action against the culprits/offenders.

2. Summation of Writ Facts:

(i) The Petitioner is an Ex-naval Officer, CPO (Electrical) and was re-employed in LIC of India during the year 1990. He had rendered meritorious service without any blemish whatsoever and in receipt of Medals from the President of India. At present, he is working in Assistant Cadre in the Respondent/Branch Office at Virugambakkam.

(ii) On 11.03.2009 at around 1.00 p.m., he found his lunch bag and helmet went missing from his two wheeler, which was parked in the Branch premises allotted exclusively to the LIC employees. While searching in and around the places, his lunch bag and helmet were found lying in the dustbin in a damaged and bad condition. He had lodged a oral and written complaint to the then Senior Branch Manager of the Respondent Branch, Virugambakkam on 12.3.2009 in order to take action on the culprits and to punish them in accordance with law which was duly acknowledged.

(iii) To his shock and surprise, the Respondent, instead of taking action against the culprits, take disciplinary action against him, by way of reduction of pay scales at one stage as if he violated Rule 50(2) of LIC Staff Regulations, 1960 assuming that as if he had lodged a private complaint before the local police station, Virugambakkam without informing the Senior Branch Manager.

(iv) Being aggrieved against the aforesaid act of the Respondent, he filed W.P. No. 24547 of 2009, by invoking the jurisdiction of this Court under Article 226 of the Constitution, in calling for the records of the impugned order passed by the Respondent and to quash the same.

(v) This Court on 09.04.2010 passed an order directing the Respondents to dispose of the Appeal pending before the Appellate Authority viz., Zonal Manager, South Zone, within a period of four weeks. The Appellate Authority, viz., Zonal Manager, South Zone, by virtue of Order dated 24.05.2010, set aside the impugned order dated 15.10.2009 passed by the Disciplinary Authority and decided to conduct De novo Enquiry for the fresh cause of action. The Respondent conducted De novo Enquiry and communicated through an order dated 28.01.2011 stating that the charges stands dropped against the Petitioner without assigning any valid reasons to that effect.

(vi) Since the LIC employees were prevented to lodge any complaint Petition, Appeal to any outside authority not mentioned in LIC Rules, as per Rule 50(2) of LIC Staff Regulation, 1960 wherein it is enjoined as follows:

“No appeal, petition or memorial shall be addressed by any employee to the Members of the Corporation personally, or to any outside authority or an authority not prescribed in these Regulations or in the Life Insurance Corporation Act.”

and as such, he opted to prefer a complaint dated 10.02.2011 to the Inspector of Police (Crime), Virugambakkam Police Station, Chennai – 92, through proper channel (i.e.,) S. Jothirajan, Senior Branch Manager, LIC, Virugambakkam Branch, Chennai. Accordingly, he lodged his complaint to S. Jothirajan and the same was duly acknowledged by him.

(vii) He came to understand belatedly that his complaint was not received by the Inspector of Police, Virugambakkam. He sent a communication to the Respondent dated 02.03.2011 requesting him to furnish the details pertaining to his complaint whether it was forwarded or withheld by the Corporation for which the Respondent had sent a letter dated 05.03.2011 stating that the complaint would be looked into and the matter would be investigated.

(viii) To his shock and surprise, the Respondent, instead of forwarding his complaint dated 10.02.2011 to the Inspector of Police (Crime), Virugambakkam so as to enable them to take swift action against th