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High Court of DelhiW.P.(C)/1322/2016

S.K. Jindal v. Union Of India & ORS

2016-03-14Hon'Ble The Acting Chief Justice,Hon'Ble Mr. Justice Jayant Nath2 pages

$~20 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 1322/2016 S.K. JINDAL ..... Petitioner Through:

Mr.Sarvesh Bisaria, Adv.

Versus

UNION OF INDIA & ORS ..... Respondent Through:

Mr.Sanjay Jain, ASG with Mr.K.K.

Tyagi, Adv. for R-2.

Ms.Rajdipa Behura, SPP for CBI with Ms.Monica Gupta and Ms.Garima Singh Yadav, Advs. for CBI.

Mr.R.V.Sinha with Mr.A.S. Singh, Advs. for CVC.

Mr.R.D.

Bhardwaj, CGSC with Mr.T.Singhvi and Ms.Pallavi Shali, Advs. for UOI.

CORAM:

HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE JAYANT NATH

O R D E R

% 14.03.2016 1.

This public interest petition has been filed seeking a direction to the respondents to investigate the complaints of corruption against the Central Warehousing Corporation and its officials.

2.

The petitioner is an employee of the Central Warehousing Corporation and it is also not in dispute that he is the General Secretary of the Central Warehousing Corporation Officers' Association. 3.

The learned counsels for the respondents at the outset have raised an objection as to the maintainability of the writ petition pointing out that

W.P.(C) No.4235/2014 filed by the petitioner raising the very same issue was already dismissed.

4.

The material available on record shows that the petitioner had earlier filed W.P.(C) No.4235/2014 inter alia seeking a direction to Chief Vigilance Commissioner and Central Bureau of Investigation to investigate into the complaint of corruption against the officials of the Central Warehousing Corporation. The said writ petition was dismissed by order dated 14.07.2014 and the appeal against the same being LPA No.535/2014 was also dismissed by the Division Bench by order dated 12.01.2015. Though the petitioner carried the matter to the Supreme Court, the Special Leave Petition was dismissed as withdrawn granting liberty to work out the other remedies in accordance with law.

5.

In the circumstances, it is not open to the petitioner to invoke the jurisdiction of this Court under Article 226 of the Constitution of India seeking the very same relief under the garb of public interest litigation. 6.

Writ petition is accordingly dismissed.

CHIEF JUSTICE JAYANT NATH, J MARCH 14, 2016/pmc W.P.(C) 1322/2016 Page 2 of 2.