M.Pushpavalli v. The Chief Manager
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2025
CORAM:
THE HONOURABLE MR. JUSTICE T.VINOD KUMAR M.Pushpavalli ... Petitioner vs
1. The Chief Manager Reserve Bank of India Banking Department No.16, Rajaji Saalai, Fort Glacis, Chennai - 600 001.
2. The Zonal Head Personel Administration Department Officers Wing, Vijaya Bank rd Floor, Raja Plaza No.1112, Avinashi Road, Lakshmi Mills P.N.Palayam Coimbatore - 641 037.
3. Selvam 1/7
The Manager Vijaya Bank Nanjundapuram Branch Coimbatore.
... Respondents Prayer: Writ Petition is filed under Article 226 of Constitution of India, to issue Writ of Mandamus, directing the Respondents 1 and 2 to consider petitioner's representation dated 22.03.2019 requesting to initiate a departmental enquiry against the third respondent and pass orders. For Petitioner : Mr.M.Akash for Mr.N.Ponraj For Respondents : No Appearance
O R D E R
Heard the learned counsel for the petitioner and perused the records.
2. The petitioner by the present writ petition has sought for initiating disciplinary action against the third respondent for borrowing a sum of Rs.8,00,000/- from him as loan and not discharging the aforesaid debt and in addition, the cheques which were issued towards discharge of the aforesaid 2/7
debt having been dishonoured on 22.02.2019 on presentation with the Bank. The petitioner claimed that since, the third respondent is working with the second respondent Bank, he had approached the second respondent and submitted a complaint against the third respondent for initiating disciplinary action.
3. The petitioner further contended that since, the respondents 1 and 2 have failed to initiate disciplinary action, he has filed present Writ Petition.
4. At the outset, it is to be noted that the transaction between the petitioner and the third respondent are not in relation to any discharge of any public duty, but it is a private wrong. It is a settled position of law that only when public Authority failed to exercise duties or exercise his duties unlawfully, an aggrieved party can approach this Court seeking for a Writ of Mandamus by initiating disciplinary action against the authority. 3/7
5. In the facts of the present case as stated above, the entire dispute between the petitioner and the third respondent is in private realm and for the said reason, the petitioner can neither approach the respondents 1 and 2 and seek for initiation of disciplinary action against the third respondent nor approach this Court by filing a Writ Petition under Article 226 of Constitution of India, seeking a direction to the respondents 1 and 2 to initiate disciplinary action against the third respondent.
6. The petitioner, instead of availing Civil and Criminal remedies, open to him in law, choose to invoke writ jurisdiction, which action of the petitioner, cannot be permitted.
In view of the aforesaid reasons, present Writ Petition as filed is misconceived and is accordingly, dismissed. No costs. 25.10.2025 Speaking order / Non-speaking order Index : Yes / No : Yes / No 4/7
dh To
1. The Chief Manager Reserve Bank of India Banking Department No.16, Rajaji Saalai, Fort Glacis, Chennai - 600 001.
2. The Zonal Head Personel Administration Department Officers Wing, Vijaya Bank 3 rd Floor, Raja Plaza No.1112, Avinashi Road, Lakshmi Mills P.N.Palayam Coimbatore - 641 037.
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T. VINOD KUMAR , J.
dh 6/7
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