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IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
Manoj Kumar Tiwari, J.
Jagdish Prasad Bhatt - Appellant
Versus
State Of Uttarakhand & Ors. - Respondents
Writ Petition (M/S) No. 2404 of 2021
Decided On : 18-11-2021
Mandamus - Government Servant - Petitioner, a Government Servant, sought mandamus to conduct inquiry and decide complaint against three officers, but relief was denied by the court.
Fact of the Case:
The petitioner, a Government Servant, sought mandamus to conduct an inquiry and decide a complaint against three officers who allegedly caused his transfer, prejudicing his interests.
Finding of the Court:
The court found that the reliefs claimed in the writ petition could not be granted as the petitioner's request for lodging an F.I.R. against the officers fell under the remedy provided by the Code of Criminal Procedure, and the court would not entertain private disputes between individuals under Article 226 of the Constitution.
Issues: The issues involved the petitioner's request for mandamus to conduct an inquiry and decide a complaint against three officers, and the court's jurisdiction to entertain such private disputes.
Ratio Decidendi: The court held that the remedy for lodging an F.I.R. against individuals fell under the Code of Criminal Procedure, and private disputes between individuals would not be entertained under Article 226 of the Constitution.
Final Decision: The writ petition failed and was dismissed by the court.
JUDGMENT
Manoj Kumar Tiwari, J. - Heard learned counsel for the parties.
2. By means of this writ petition, petitioner has sought the following relief:
"I. Issue a writ, order or direction in the nature of mandamus commanding to respondent authorities to conduct inquiry regarding the allegations leveled by the petitioner pursuant to the complaint dated 04.01.2020 (Annexure no. 13).
II. Issue a writ order or direction in the nature of mandamus commanding to the respondent no.2 to decide the complaint dated 04.01.2020 with stipulated time bound period. (Annexure no.13)
III. Issue a suitable writ, order of direction infavour of petitioner and against the respondents which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."
3. Petitioner is a Government Servant, who is serving as Assistant Accounts Officer in Audit and Accounts Department of Uttarakhand State. He is presently posted in Fisheries Department. According to him, he made a complaint on 04.01.2020 to number of State authorities, wherein he has requested to take action on his earlier complaint dated 16.12.2019 and to lodge F.I.R. against three officers of State Secretariat, namely, Shri Chauhan, Shri Rawat and Shri Mishra under relevant sections of Code of Criminal Procedure. The persons, against whom petitioner wants F.I.R to be registered, are not party in this writ petition.
4. Grudge of the petitioner is that these three officers were instrumental in getting him transferred from Department of Medical Health in the year 2018, due to which, petitioner's interests were prejudiced.
5. The reliefs, as claimed in the writ petition cannot be granted. If petitioner wants an F.I.R to be lodged against any individual/officer, then he has a remedy under Code of Criminal Procedure. This Court while exercising extraordinary powers under Article 226 of the Constitution will not entertain private disputes between two individuals.
6. Accordingly, the writ petition fails and is dismissed.
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