Anugraha Charitable Trust v. The General Manager

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :04.04.2019

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.10192 of 2019 Anugraha Charitable Trust Rep.by its Secretary A.P.Devarajan, Age-61 years S/o.A.Panchatcharam Regd.Trust No, B K (IV) 183.2012-2013 H.O..# 21, Anugraha, Santhosh Reddy Layout, Ramamurthy Post, Bengaluru - 560 016 Branch Office at, 3-A, NVS Garden, Rajiv Gandhi, Madukkarai, Coimbatore - 641 105 Residing at No.1, S.I., B.Block 7th Right Saravanan Nagar, Manikandapuram Thirumullaivoil, Chennai - 600 062.

..Petitioner vs 1.The General Manager, Syndicate Bank, Head Office at Manipal Easwar Nagar Udipi, Karnataka - 576 104 2.The Regional General Manager, Syndicate Bank, Regional Office, 9513, 1st Floor 2nd Cross Gandhi Nagar, Bengaluru - 560 009 Karnataka State 3.The Regional Manager, Syndicate Bank, Coimbatore Division, R.A.Puram, Coimbatore - 641 002 4.Mr.Theagarajan The Senior Manager Syndicate Bank Ram Nagar Branch Coimbatore - 641 002.

.. Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to issue direction to the 1st Respondent to direct the 3rd respondent

to take Disciplinary action against the 4th Respondent herein for demanding bribe in the name of Commission and disturbing smooth Cheque transactions, according to law, on our Complaint dated 53-2019. For Petitioner : Mr.R.Balasubramanian

O R D E R

The relief sought for in the present writ petition is to issue direction to the 1st Respondent to direct the 3rd respondent to take Disciplinary action against the 4th Respondent herein for demanding bribe in the name of Commission and disturbing smooth Cheque transactions, according to law, on our Complaint dated 53-2019. 2.The relief sought for in the present writ petition is undoubtedly innocuous. If a criminal offence is committed by a public official, then a proper complaint is to be lodged before the authorities concerned for initiation of action. 3.The learned counsel for the writ petitioner states that the 4th respondent demanded bribe for certain banking transactions.

If so, the writ petitioner has to approach the Vigilance Department or the concerned higher officials by filing a complaint against the officials, who demanded bribe. However, the allegation against the 4th respondent in the writ petition cannot be adjudicated by this Court as demand of bribe is to be established by the writ petitioner by submitting documents and by adducing evidences, if required. Contrarily, such disputed or complex facts can never be adjudicated in a writ proceedings under Article 226 of the Constitution of India. Thus, the writ petitioner is at liberty to approach the Vigilance Department or the competent authority in respect of his allegations regarding the demand of bribe by the Manager or any other officials of the Bank.

4.With these observations, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS VI) //True Copy// Sub Assistant Registrar

kak To 1.The General Manager, Syndicate Bank, Head Office at Manipal Easwar Nagar Udipi, Karnataka - 576 104 2.The Regional General Manager, Syndicate Bank, Regional Office, 9513, 1st Floor 2nd Cross Gandhi Nagar, Bengaluru - 560 009 Karnataka State 3.The Regional Manager, Syndicate Bank, Coimbatore Division, R.A.Puram, Coimbatore - 641 002 +1cc to Mr.R.Balasubramanian, Advocate sr.33220 W.P.No.10192 of 2019 vd(co) nr 08/05/2019