V. Krishnan v. The Secretary To The

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.11.2015

CORAM

THE HONOURABLE MR.JUSTICE K.KALYANASUNDARAM W.P.No.37396 of 2015 V.Krishnan

...Petitioner

- Vs -

1. The Secretary to the Government of Tamil Nadu - cum- Chairman, Tamil Nadu State Transport Corporation, Transport Department, Secretariat, Fort St.George, Chennai 600 009.

2. The Director, Directorate of Vigilance & Anti Corruption, NCB 21 to 28, P.S.Kumarasamy Raja Salai, Raja Annamalaipuram, Chennai 600 028

3. Mr.D.Annadurai

...Respondents

Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue Writ of Mandamus seeking for a direction to the 1st respondent to initiate disciplinary proceedings against the 3rd respondent before his superannuation, for his misconduct and also for payment of illegal gratification admitted by him.

For Petitioner : Mr.R.Manimuthu For Respondents : Mr.V.Jayaprakashnarayanan (R1 and R2) Special Government Pleader

O R D E R

This Writ Petition has been filed seeking for a direction to the first respondent to initiate disciplinary proceedings against the third respondent before his superannuation, for his misconduct and also for payment of illegal gratification admitted by him.

2. The case of the petitioner is that he was working in the Tamil Nadu State Transport Corporation and he retired on https://hcservices.ecourts.gov.in/hcservices/

attaining the age of superannuation. It is alleged that the third respondent preferred a complaint against one Kolappan alleging that he paid a sum of Rs.6,00,000/- for getting a post as Personal Assistant of the Minister to the Government of Tamil Nadu. Since the third respondent was not appointed as Personal Assistant and for non refund of Rs.6,00,000/-, he filed a criminal case against him.

3. The petitioner would contend that the third respondent is an abutter in the commission of offence and therefore the petitioner gave a complaint against the third respondent on 06.11.2015. Since,no action was taken the present Writ Petition has been filed.

4. Admittedly, the petitioner is not a party to the alleged transaction between the third respondent one Kolappan.

Therefore, this court is of the view that the petitioner is not a person aggrieved and he has no locus standi to file the Writ Petition.

In such view of the matter, this Writ Petition stands dismissed as not maintainable. No costs.

arr Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar TO

1. The Secretary to the Government of Tamil Nadu - cum- Chairman, Tamil Nadu State Transport Corporation, Transport Department, Secretariat, Fort St.George,Chennai 600 009.

2. The Director, Directorate of Vigilance & Anti Corruption, NCB 21 to 28, P.S.Kumarasamy Raja Salai, Raja Annamalaipuram, Chennai 600 028.

1 CC TO Mr.R.Manimuthu, Advocate Sr 63783.

+ 1 cc to The Govt.Pleader, Sr 63911.

KSJ/CO KR/18/12 W.P.No.37396 of 2015 https://hcservices.ecourts.gov.in/hcservices/