The High Court held that the petitioner, being a complainant, lacked locus standi to seek directions for conducting an inquiry and punishing an employee, dismissing the writ petition as withdrawn.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - A No. - 13270 of 2022
Petitioner :- Udai Pratap Yadav Respondent :- Union Of India And 3 Others Counsel for Petitioner :- Shiv Nath Singh Counsel for Respondent :- A.S.G.I.,Jai Krishna Narain Sharma
Hon'ble Karunesh Singh Pawar,J.
Heard learned counsel for the petitioner and Mr. Jai Krishna Narain Sharma, learned counsel appearing for respondents 1 to 3. .
By means of this writ petition, the petitioner has prayed for a direction to respondents to constitute committee to hold inquiry against respondent No.4 regarding withdrawing salary from two places, i.e. North Railway and East Railway as Helper Khalasi and Store Keeper, Alambagh, Lucknow with a further prayer to direct concerned authority to punish respondent No.4 after conclusion of enquiry and lodge F.I.R. against him as also dismiss him from services of Railway department after conclusion of enquiry.
Learned counsel appearing for the Union of India at the outset submits that the petitioner has no locus to seek the prayers made in the petition as he is a complainant. The other objection raised by him is that the petition is not maintainable in this Court as appropriate remedy is available to the petitioner before Central Administrative Tribunal.
On a query being made, learned counsel for the petitioner could not show as to what is his locus to seek his prayers made in the petition, against respondents.
On due consideration to the argument, perusal of the record, I am of the opinion that the petitioner
has no locus as he is only a complainant and at his instance, the relief claimed in the petition cannot be granted.
After aforesaid order is passed, learned counsel for the petitioner submits that he may be permitted to withdraw the petition.
The petition is dismissed as withdrawn.
Order Date :- 9.9.2022 kkb.
Digitally signed by KRISHNA KUMAR BARANWAL Date: 2022.09.09 12:43:51 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
whether the petitioner has locus standi to seek directions for inquiry and punishment against an employee based solely on a complaint
Udai Pratap Yadav
Union Of India
North Railway
East Railway
Railway Department
Karunesh Singh Pawar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
