Sanjay Kumar K v. The Directorate General,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.03.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sanjay Kumar K ..

Petitioner Vs.

1. The Directorate General The Directorate General of Health Services 446 - A, Nirman Bhavan New Delhi - 110 011.

2. Nirmal Joe The Director Central Leprosy Research and Teaching Institute Tirumani, Chengalpattu - 603 001.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st respondent to initiate disciplinary actions against the 2nd respondent and other chairpersons of the CLTRISA and PS of the 2nd respondent for the unlawful activities against the CCS conduct rules by considering by representation dated 30.11.2023.

For the Petitioner : Mr.S.Yogeswaran For the Respondents : Mr.V.Chandrasekaran Senior Panel Counsel for R1

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.Yogeswaran, learned counsel for the petitioner and Mr.V.Chandrasekaran, learned Senior Panel Counsel for the first respondent.

2. Prayer is made to initiate disciplinary proceedings against the second respondent and other Chairpersons of the Central Leprosy Teaching and Research Institute Staff Association and PS of the second respondent institute for the unlawful activities committed against the Central Civil Services (Conduct) Rules, 1964.

3. Learned counsel for the petitioner submits that time to time, representations have been given to the first respondent that the second respondent is living with two wives, as such, the same is in violation of the Central Civil Services (Conduct) Rules, 1964. There are also other illegalities committed by him.

4. The petitioner is a stranger. Whether to initiate disciplinary proceedings is the prerogative of the employer. In service jurisprudence, public interest litigation would not be maintainable. It is for the petitioner to prosecute his representation, as may be permissible under law.

5. The writ petition, accordingly, stands dismissed. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 20.03.2024 Index :

Yes/No :

Yes/No drm To

1. The Directorate General The Directorate General of Health Services 446 - A, Nirman Bhavan New Delhi - 110 011.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 20.03.2024