High Court Of ChhattisgarhWPS/4074/2020dismissed

Smt. Nirmala Rathiya v. Union Of India

2020-10-14Hon'Ble Shri Justice Goutam Bhaduri2 pages

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4074 of 2020 • Smt. Nirmala Rathiya W/o Nandlal Rathiya, Aged About 41 Years R/o House No. B-18, Krishna Valley, Vijaypur Boidadar District Raigarh Chhattisgarh ---- Petitioner

Versus

1. Union Of India Through The Secretary Ministry Of Post And Communications, Sanchar Bhawan, New Delhi 110012

2. State Of Chhattisgarh, Through Chief Postmaster General, Chhattisgarh Circle, Raipur Chhattisgarh

3. Director, Postal Services, Chhattisgarh Circle, Raipur District Raipur Chhattisgarh

4. L.N. Mahto, Superintendent At Post Office, Division District Raigarh ---- Respondents For Petitioner :

Mr. Amit Sharma, Advocate For Respondent No. 1 :

Mr. Ramakant Mishra, Advocate For State :

Ms. Sunita Jain, G.A.

Hon'ble Shri Justice Goutam Bhaduri Order 14.10.2020

1. Heard

2. The present petition is filed for following reliefs:- 10.1 That, the Hon'ble Court may kindly be pleased to direct the respondent authorities to initiate a departmental enquiry on the respondent No. 4.

10.2 Any other relief in the discretion of this Hon'ble Court .

3. Learned counsel for the petitioner would submit that the respondents especially respondent No. 4 in connivance with each other are misusing the public money which is being deposited by the depositors. It is further submitted that the

petitioner has made a complaint for the same to Union of India, however the same is not being considered.

4. Learned counsel for respondent Union of India opposes the argument and would submit that the petition is not maintainable and the petitioner has no locus.

5. The nature of complaint as the copy of it would show that the petitioner has made a complaint that certain misappropriation of money is being done. If it is so, then he can avail the other remedy available to him under the law. Further, the petitioner is unable to satisfy the court about the fact as to what is the locus of the petitioner to get an order of Writ of Mandamus and why Union of India should enquire into the allegations. This petition cannot be converted into a criminal complaint under the garb of a representation.

6. The petition sans merit and accordingly it is dismissed. Sd/- (Goutam Bhaduri) Judge Jyoti