P.Velu v. The State Rep By
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :14.03.2024 CORAM :
THE HONOURABLE MS.JUSTICE R.N.MANJULA Writ Petition No.9363 of 2021 P.Velu ...
Petitioner -Vs1.The State represented by The Home Secretary, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.
2.The Director General of Police Law and Order, Kamarajar Salai, Mylapore, Chennai - 600 004.
3.The Deputy Inspector General of Police, Chenglepet Range, Chenglepet District.
4.Chinnadurai, The Inspector of Police, G-4, Cheyyur Police Station, Cheyyur Taluk, Chenglepet District.
...
Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 3 to initiate disciplinary action against the 4th respondent 1/4
namely Chinnadurai, The Inspector of Police, G-4, Cheyyur Police Station, for having committed dereliction of duty in failing willfully and wantonly to register the F.I.R. on complaint dated 17.10.2020 in C.S.R.No.597 of 2020.
For Petitioner : No Appearance For Respondents-1 to 3 : Mr.K.H.Ravikumar Government Advocate
ORDER
Heard Mr.K.H.Ravikumar, the learned Government Advocate for the respondents. No representation for the petitioner.
2. The petitioner has filed this writ petition seeking a Writ of Mandamus, directing the respondents 1 to 3 to initiate disciplinary action against the 4th respondent for having committed dereliction of duty in failing willfully and wantonly to register the F.I.R. on complaint dated 17.10.2020 in C.S.R.No.597 of 2020.
3. The petition itself is not maintainable in view of the fact that the petitioner has got no locus standi to direct the employer of the fourth respondent to initiate any disciplinary action for the alleged lapse. It is for 2/4
the employer to decide about the alleged lapse on the part of the fourth respondent and come to a prima facie conclusion as to whether any disciplinary action is required to be initiated against his own employee.
4. Since the petitioner happened to be the complainant and he has got the grievance that his complaint has not been registered by the fourth respondent while executing his official duty in his capacity as the Inspector of Police, Cheyyur Police Station, he has to file appropriate proceedings before appropriate forum for seeking the relief. The writ petition itself is a misconceived one and hence it is not maintainable.
5. Accordingly, this writ petition is dismissed. No costs. 14.03.2024 Index : Yes/No Speaking order: Yes/No bkn 3/4
R.N.MANJULA, J.
bkn To 1.The Home Secretary, Government of Tamil Nadu, Secretariat, St.George Fort, Chennai - 600 009.
2.The Director General of Police Law and Order, Kamarajar Salai, Mylapore, Chennai - 600 004.
3.The Deputy Inspector General of Police, Chenglepet Range, Chenglepet District.
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