Sharda Madan Shirsate v. State Bank Of India And ANR

ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL PUBLIC INTEREST LITIGATION ST.NO.7 OF 2019 Sharda Madan Shirsate

...Petitioner

vs.

State Bank of India

...Respondent

Ms Sharda Madan Shirsate the petitioner in person Ms P.P.Shinde, APP for State Digitally signed by ShubhaS.

Pathak Date:

2020.01.27 14:45:08 +0530 CORAM : RANJIT MORE & SURENDRA P.TAVADE, JJ.

ShubhaS.

Pathak DATE : JANUARY 22, 2020.

P. C. :

.

The petition is filed for claiming following reliefs: "(a) Your honor may be pleased to issues process against the official staff as per provision of law and staff to be dealt with according to the law in the interest of justice. For this act of kindness, I shall ever pray.

(b) That this Hon'ble Court be pleased to issue a writ of mandamus or any other appropriate writ, order or direction in the nature of mandamus directing to the respondents to forthwith suspend/under disciplinary action against the persons who had disobeying the law as under:

s 1/3

(i) Section 304A of IPC : Abnormal delay (ii) Section 370, 468, 420 of IPC : Bluffing, Cheating and dishonest injury/pecuniary loss to the person/victim (iii) Violation of right to information act to receive correct information (iv) Section 166 of IPC : Disobeying law with intend to cause injury to person (v) Section 166A of IPC : Public servant disobeying direction under Law (vi) 166 B of IPC : punishment, for non treatment of victim (vii) Section 167 of IPC : public servant framing an incorrect document with intent to cause injury (viii)Section 171 of IPC : wearing garb or carrying taken used by (ix) public servant with fraudulent intent (x) Section 468 of IPC - forgery for purpose of cheating (xi) Section 406 of IPC : Punishment for Breach of trust injury/pecuniary loss to the person/victim. (xii) Misuse of power delegated by Bank.

(c) Audit and inspection by anti corruption bureau of Government authority.

(d) Special enquiry committee to be formed by Government for the control over the harassment at the working places and formats to be called from the individual employee in quarterly interval and to be submitted to the committee for disciplinary action. Display the contact numbers and address of such committee in the every branch of the banks as well as private sector.

s 2/3

(e) Make awareness of all the above information to the employee as well as public.

(f)Any other order to control over the all above malpractices with mala fide intention."

Having heard the petitioner in person and having perused the PIL, what we found is that the petitioner is aggrieved by the actions of the bank of releasing TDR of her father to her brother. In the petition it is stated that she is the victim of the illegal actions of the bank. If that be so, then PIL could not have been filed and remedy of the petitioner is to file appropriate report to the police station under section 154 of the Code of Criminal Procedure,1973. The petitioner is also trying to submit that there are several persons similarly situated who are subjected to injustice by the bank. However, she could not give details or particulars of the said persons. In the above circumstances, in our opinion, PIL is misconceived. We do not find any merits in the PIL and the same is accordingly dismissed.

[SURENDRA P.TAVADE, J.] [RANJIT MORE, J.] s 3/3