THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.4853 of 2021
ORDER:-
Heard Sri Dr.D.V.Rao, learned counsel for the petitioners,
Sri P.Bhaskar for Railway and learned Government Pleader for
Home for respondent No.3.
2. This writ petition is filed by two writ petitioners. The first petitioner is said to be a voluntary organization fighting for social causes for the benefit of the employees of the Indian Railways. The 2nd petitioner is described as an Individual.
3. The case set out by the petitioners is that an organization known as "All India OBC Railway Employees Federation" is one of the societies representing some of the employees in the Indian Railways. The said society had requested for certain benefits that are normally given to such Societies by the Indian Railways and as these benefits were not being given, writ petitions had also been filed before this Court. At that stage, the 2nd respondent issued a circular dated 06.10.2020 and 22.12.2020 which are now under challenge before this Court.
4. The first petitioner is said to be a Society which is working for the benefit of employees of Indian Railways. It is not clear as to what vested right of the first petitioner is affected for the first petitioner to file a writ petition in relation to proceedings relating to another organization namely "All India OBC Railway Employees Federation". As such, the first petitioner cannot maintain this writ petition. 2
5. As far as the 2nd petitioner is concerned, he is described as an Individual in the cause title. However, the main prayer in the writ petition is as follows:
"It is therefore prayed that this Hon'ble Court may be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of mandamus declaring:
(i) The action of the O/O Respondent No.2 in interfering in the internal matters of the Second Petitioner Society and misusing powers for corruption etc.
(ii) The action of the Respondent No.3 for not registering FIR against the complaint, dated 23.01.2021 of the Second Petitioner as illegal, arbitrary, violation of various judgments of apex Court, Anti-Corruption Laws, Registration of Societies Act, Natural Justice and Article 21 of Constitution of India.
Consequently, direct the Respondent No.4 to investigate the matter and pass such other order or orders may deem fit and proper in the circumstances of the case."
6. The said prayer describes the second petitioner as a Society and the action of the 2nd respondent in issuing the impugned circulars is said to interfere with the internal matters of the 2nd petitioner Society. As a consequence of which, the inaction of the 3rd respondent in not registering an FIR on the basis of the complaint filed by the 2nd respondent is also challenged. As can be seen from the main prayer, the complaint appears to be more in relation to alleged interference in the activities of the 2nd petitioner which is described as a Society. 3
7. The prayer in the writ petition is not in consonance with the pleadings in the petition and in any event such a prayer cannot be granted as the 2nd petitioner is not a Society but a person.
8. In the circumstances, this writ petition is dismissed. There shall be no order as to costs.
Miscellaneous Petitions, if any pending, in this Writ petition, shall stand closed.
________________________________ JUSTICE R.RAGHUNANDAN RAO Date : 01-03-2021 RJS 4 THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO WRIT PETITION No.4853 of 2021 Date : 01-03-2021 RJS