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High Court of DelhiW.P.(C)/3096/2017

I.K. Saini v. The Public Grievances Commission, Govt. Of NCT Of Delhi & Co.

2017-07-20Hon'Ble Mr. Justice Vibhu Bakhru3 pages

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IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 3096/2017 I.K. SAINI ..... Petitioner Through:

Petitioner in person.

versus THE PUBLIC GRIEVANCES COMMISSION, GOVT. OF NCT OF DELHI & CO.

..... Respondent Through:

Mr Anuj Aggarwal, ASC, GNCTD with Ms Deboshree Mukherjee, Advocates for R-1 to 4.

CORAM:

HON'BLE MR. JUSTICE VIBHU BAKHRU

O R D E R

% 20.07.2017 1.

The petitioner has filed the present petition, inter alia, praying as under:- "a) Writ/Writs calling upon the respondent authorities to produce unto this Hon'ble Court all records to the petitioner's matter;

b) Direction/Directions to the Public Grievances Commission Authority i.e. the respondent Nos.1 and 2 to reconsider the petitioner's complaint of dated 19.6.2009 against the Delhi Police and cancel/reject the earlier report of the Police Authorities which is purported one and has no leg to stand in the eyes of law so that consciable justice may be done;

c) Direction/Directions to the Delhi Police (Vigilance) i.e. Respondent No.3 Authority to: (i) conduct comprehensive enquiry against the

submissions of the petitioner in the Petitioner's Enquiry No.602/2015 at the Office of the Joint Commissioner of Police (Vigilance), the Delhi Police;

(ii) Submit affidavit in support of all submissions as stated in the impugned order dated 20.10.2009 of the P.G.C. and the Enquiry Report of the Delhi Police vide No.602/2015;

(iii) Produce the Death Certificate of the alleged First Wife of R. K. Saini who has been mentioned in the impugned order dated 20.10.2009 of the P.G.C. as well as enquiry report of Delhi Police vide No.602/2015;

(iv) Prove that one MS Prem Shiela is the second Wife of said R. K. Saini;

d) Direction/Directions to the Directorate of Vigilance Authority i.e. the respondent No.4 to conduct specific enquiry into the derelictions part of the Public Grievance Commission Authorities;" 2.

The petitioner is essentially aggrieved by the alleged conduct of the residents of the ground floor of the property bearing no.A-70, NDSE-II, New Delhi-110049. The petitioner had approached the police complaining against the conduct of the persons residing on the ground floor. However, it is petitioner's grievance that no action has been taken. The petitioner had also approached the Public Grievance Cell and it appears that the petitioner's complaint was not carried forward as the PGC was of the view that there is a civil dispute between the petitioner and the resident of the ground floor who claims to be second wife of the petitioner's uncle. 3.

The petitioner who appears in person states that he is being harassed

and mistreated by the persons occupying the ground floor and, therefore, the police ought to take the necessary action to prosecute them. 4.

Admittedly, the petitioner also states that he has filed complaints with the police station in this regard. In the event, the police is not registering the FIR without sufficient reason, it is always open for the petitioner to file an appropriate application under Section 156 (3) of CrPC. The petitioner has alternate remedies. And, this Court does not find any reason to entertain the present petition under Article 226/227 of the Constitution of India. 5.

The petition is disposed of.

VIBHU BAKHRU, J JULY 20, 2017 MK