Dismissed

Mamta Kamra v. the State of Rajasthan

Rajasthan HC26 Oct 2021SAW/542/2021

Case brief

AI extract

What is this about?

The departmental bench of the High Court of Rajasthan dismissed the appeal filed against an earlier order of the Single Judge. The bench held that relief regarding the transfer of a State Police Superintendent or filing a criminal case against her could not be granted under Article 226 and 227 of the Constitution. The appeal was consequently dismissed.

What the court decided

AI extract

Mamta Kamra Vs the State of Rajasthan — Constitutional and Fundamental Rights | Rajasthan HC (2021)

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HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR

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D.B. Spl. Appl. Writ No. 542/2021

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Mamta Kamra W/o Nirmal Kamra, Aged About 41 Years, B/c- Kamra, R/o A- 84, Karni Nagar, Pawan Puri, Bikaner.

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Nirmal Kamra S/o Late Sh. Chandra Bhan Kamra, Aged About 45 Years, B/c Kamra, R/o A- 84, Karni Nagar, Pawan Puri, Bikaner.

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----Appellants

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Versus

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The State Of Rajasthan, Through The Chief Secretary, State Of Rajasthan, Jaipur.

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The State Of Rajasthan, Through The Secretary, Department Of Home Affairs, Jaipur.

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The Director General Of Police, Police Head Quarter, Jaipur.

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The Inspector General Of Police, Bikaner Range, Jaipur.

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Smt. Preeti Chandra, S.p. Bikaner.

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----Respondents

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For Appellant(s) : Mr. Anil Vyas. For Respondent(s) : ---

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HON'BLE THE CHIEF JUSTICE MR. AKIL KURESHI HON'BLE MR. JUSTICE SANDEEP MEHTA

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Order

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26/10/2021

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This appeal is filed by the original petitioners to challenge the judgment of the learned Single Judge dated 14.09.2021 in S.B. Civil Writ Petition No. 12614/2021.

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The petitioners have made multiple prayers for transferring S.P., Bikaner Smt. Preeti Chandra to another district and also to lodge criminal case against her inter-alia under the Prevention of Corruption Act. The petitioners also requested that the said officer

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(2 of 3)

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[SAW-542/2021]

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be suspended and departmental enquiry should be initiated against her.

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The learned Single Judge dismissed the petition on the ground that in such petitions, relief cannot be granted in exercise of power under Article 226 and 227 of the Constitution of India.

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Perusal of the writ petition would show that the petitioners had serious disputes with their erstwhile partners with whom the petitioners had tried to establish an educational institution in Bikaner. According to the petitioners, the said persons had committed serious fraud. We are not directly concerned with these allegations inter-se between the petitioners and the erstwhile associates. According to the petitioners, during the course of investigation into the complaint lodged by the petitioners against those persons, the S.P., Bikaner had taken a partisan stand and pressurized the petitioners to compromise the issues.

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Learned counsel for the appellants-original petitioners stated that now the concerned S.P., Bikaner has been trasnferred. The ACB has also registered an FIR against the S.H.O on the allegations made by the petitioners. Counsel however submitted that though serious allegations were also made against the S.P., F.I.R. has not been registered against her.

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The issues which are raised by the petitioners in the present petition, cannot be examined in a writ jurisdiction. The fact that the S.P. has now been transferred, has made one of the prayers of the petitioners infructuous. During the course of investigation into the F.I.R. lodged by the petitioners, surely the investigating agency would look into all aspects and file final report on the basis of the materials which may come on record. If the petitioners have

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(3 of 3)

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[SAW-542/2021]

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any other grievance, it is always open for the petitioners to move departmentally or in terms of Code of Criminal Procedure.

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In the result, the appeal is dismissed.

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(SANDEEP MEHTA),J

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(AKIL KURESHI),CJ

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5-jayesh/-

Mamta Kamra v. the State of Rajasthan

Case brief

What is this about?

What the court decided

Mamta Kamra v. the State of Rajasthan

Case brief

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