Petitioner sought compensation from NHRC for mental agony arising from service matters. The High Court held the prayer was not maintainable under Article 226 and disposed of the petition.
Liberty reserved to approach competent authority for redressal.
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.
NC: 2023:KHC:35548 WP No. 7559 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R DEVDAS WRIT PETITION NO. 7559 OF 2023 (GM-RES)
BETWEEN:
J. SHIVAKUMAR, S/O. LATE SRI. M.K. JANAKIRAM, AGED ABOUT 59 YEARS, WORKING AS UPPER DIVISION CLERK, O/O EXECUTIVE ENGINEER (ELECTRICAL), CIVIL CONSTRUCTION WING, ALL INDIA RADIO, RAJ BHAVAN ROAD, BANGALORE - 560 001.
R/A NO.C-3, SPT ALL INDIA RADIO STAFF QUARTERS, YELAHANKA NEW TOWN, BANGALORE - 560 064.
…PETITIONER
Digitally signed by JUANITA THEJESWINI Location: HIGH COURT OF KARNATAKA
(BY SRI. R. SHARATH CHANDRA, ADVOCATE)
AND:
NC: 2023:KHC:35548 WP No. 7559 of 2023
(REPRESENTED BY ITS SECRETARY), I TO IV FLOOR, M.S.BUILDING, 5TH PHASE, DR. B.R. AMBEDKAR VEEDHI, BANGALORE - 560 001.
ALSO AT: SRI. MAHESH JOSHI, S/O. LATE SRI. H.G. JOSHI, AGED ABOUT 65 YEARS, R/A 'GURU GOVINDAKRUPA', HOUSE NO.10, 16TH MAIN, R.K. LAYOUT, 3RD STAGE, PADMANABHANAGAR, BANGALORE - 560 070.
…RESPONDENTS
(BY SRI. B. PRAMOD, CGC FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE LETTER DATED JULY 2020 ISSUED BY THE R-1 AT ANNEXUREAD BEARING NUMBER AND RC/16(1)/RTI/472/20 DATED 07/2020 (PAGE NO.123-124) AND ETC.,
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
R.DEVDAS J., (ORAL):
Sri. B.Pramod, learned Central Government Standing
Counsel has entered appearance for respondent No.1.
2. Though there are several prayers made in the
writ petition, learned counsel for the petitioner however submits that the main grievance of the petitioner is that during his services in the Prasara Bharathi (Doordarshan Kendra) Bengaluru, he was kept under suspension and he was targeted by respondent No.3 who was then the Regional head of the Regional Doordarshan Kendra, Bengaluru. The petitioner approached the Central Administrative Tribunal and has got the relief insofar as the service matters are concerned. However, the petitioner had also made a representation to the National Human Rights Commission, New Delhi, seeking certain information under the Right to Information Act. Learned counsel submits that at Annexure-AD, Communication dated nil/07/2020, the Assistant Registrar of Human
NC: 2023:KHC:35548 WP No. 7559 of 2023
Rights Commission, New Delhi, has stated that the complaint dated 29.09.2018 filed by the petitioner was disposed of by the Commission, in terms of Section 9 of Protection of Human Rights (PHR) Act, 1993. The petitioner was also informed that the issue relates to service matters and therefore, the Commission will not be in a position to take up the matter any further. A similar communication, dated 13.10.2018 was also made to the petitioner. However, the learned counsel for the petitioner submits that the petitioner has suffered mentally and financially and therefore, the petitioner is seeking a direction to the respondents, more particularly, the Human Rights Commission, to grant compensation of Rs.50 Lakhs to the petitioner towards the mental agony and torture suffered by the petitioner.
before the Commission granting compensation to the petitioner, the learned Central Government Standing Counsel would submit that the petitioner cannot be permitted to make such a plea and seek directions to the Commission to pay compensation to the petitioner.
the writ petition cannot be entertained by this Court under Article 226 of the Constitution of India. Liberty is reserved to the petitioner to approach the competent authority to redress his grievance, if any, and seek for compensation in accordance with law.
The writ petition is accordingly disposed of.
Sd/-
JUDGE
CT: THK
rv
2 issues framed by the court
Whether the High Court can issue a direction to the Human Rights Commission to grant compensation of Rs. 50 Lakhs to the petitioner for mental agony and torture.
Whether a prayer challenging the disposal of a complaint by the National Human Rights Commission is maintainable under Article 226 of the Constitution.
J. Shivakumar
The National Human Rights Commission
The Karnataka State Human Rights Commission
Sri. Mahesh Joshi
R Devdas
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
