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High Court of Punjab and HaryanaCWP/13028/2023dismissed

Resham Singh v. State Of Punjab And Others

2023-07-052 pages

CWP-13028-2023 -1- 2023:PHHC:084745

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH CWP-13028-2023 Date of Decision: 05.07.2023 Resham Singh .... Petitioner

Versus

State of Punjab and others .... Respondents CORAM: HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA

Present:

Ms. Sukhvir Gill, Advocate for the petitioner.

Mr. R.K. Kapoor, Addl. A.G., Punjab.

***** SANJEEV PRAKASH SHARMA , J (ORAL) 1.

This is a civil writ petition filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of mandamus directing the official respondents to take action against respondent No.4 on the representation filed by the petitioner dated 27.03.2023 (Annexure P-19). 2.

Learned counsel for the petitioner submits that it is the duty of the State Department to take decision on the representation and initiate proceedings against respondent No.4 who has been harassing the petitioner by filing one after the other false applications. 3.

I have heard learned counsel for the petitioner at length and have considered the submissions.

4.

To take departmental action against an officer or an employee, is in exclusive domain of the State. This Court would not issue a writ of mandamus at the asking of any individual for initiating action. It is another aspect where this Court finds that an employee has prima facie committed a DINESH BANSAL 2023.07.06 18:40 I attest to the accuracy of this order Chandigarh

CWP-13028-2023 -2- 2023:PHHC:084745 delinquency in proceedings before it and make observations directing the State-authorities to take appropriate disciplinary action. However, in the present case, no such facts have come on record. It is a case where the petitioner feels that he is being harassed by respondent No.4. The remedy for personal grievances of harassment lies elsewhere and not by filing of writ petitions under Article 226 of the Constitution of India. 5.

Keeping in view the above, the present petition is found to be wholly misconceived and accordingly, the same is dismissed. (SANJEEV PRAKASH SHARMA) 05.07.2023 JUDGE D.Bansal Whether speaking/reasoned :

Yes/No Whether reportable :

Yes/No DINESH BANSAL 2023.07.06 18:40 I attest to the accuracy of this order Chandigarh