THE HON'BLE THE CHIEF JUSTICE UJJAL BHUYAN
AND
THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY
WRIT APPEAL No. 657 of 2022
JUDGMENT: (Per the Hon'ble the Chief Justice Ujjal Bhuyan)
Heard Sri Syed Ghouse, appellant-in-person and
Mr. G.V.S.Ganesh, learned counsel for respondent No.4.
2. Appellant has filed the present writ appeal against the order dated 04.08.2022 passed by the learned Single Judge dismissing W.P.No.31561 of 2022 filed by him as the writ petitioner, also in person.
3. The related writ petition was filed seeking a direction to respondent No. 2 to take appropriate action against the individuals mentioned in the writ affidavit for causing mental harassment and discrimination during his employment in the office of respondent No.4 from 23.05.2016 to 12.09.2017. Appellant further sought for issuance of appropriate guidelines in the State of Telangana for protection of employees working in both public and private sector from discrimination and non-sexual mental harassment. It appears that appellant had lodged a complaint before the Commissioner of Police on 12.12.2017 which was extracted in its entirety by the learned Single Judge in the order dated 04.08.2022. Thereafter, learned Single Judge noted that none of the allegations made in the complaint made out a criminal offence and therefore dismissed the writ petition.
4. Today, we queried appellant-in-person as to how he has pursued his complaint dated 12.12.2017 to which he submits that the complaint is pending. We have also asked him as to whether he has filed any complaint under Section 200 of the Code of Criminal Procedure, 1973 (Cr.P.C.) to which his reply is in the negative.
5. Reverting back to the order passed by the learned Single Judge, we find that the learned Single Judge after appreciating the complaint so lodged, dismissed the writ petition in the following manner:-
"3. In the entire complaint, the petitioner has only stated about the difficulties that he has faced during his employment. It appears that the petitioner was not recognized and he was not permitted to show his abilities. It is also stated by the petitioner in the complaint that the leave applied for celebrating Bakird is not approved, he was never used to send e-mails, he was never given monthly award for good performance, he was not equally treated by the other colleagues of the petitioner and he was not getting any support from the team, Further, it is stated in the complaint that he is a in a very tough financial situation as he obtained a loan of Rs.3.5 lakhs to repay and he is the only earning member of the family. None of the allegations that are made in the complaint do not make out a criminal offence and for all the reliefs that the petitioner is seeking, the Commissioner of Police cannot come to his rescue and no complaint can 5 be registered basing on these kind of allegations. Hence, this Court finds no merits in the writ petition.
4. Accordingly, this Writ Petition is dismissed. No order as to costs".
6. We do not find any averment either in the writ affidavit or in the memo of appeal as to any steps taken by the appellant pursuant to lodging of complaint dated 12.12.2017. After more than four years the related writ petition came to be filed. We are of the view that the writ petition and the writ appeal so filed are nothing but an abuse of the process of the Court.
7. We do not find any merit in the appeal. Accordingly, the writ appeal is dismissed with costs of Rs.10,000/- (Rupees ten thousand only) to be paid by the appellant to the Telangana State Legal Services Authority within thirty days.
Miscellaneous applications pending, if any, shall stand closed. However, there shall be no order as to costs.
______________________________________ UJJAL BHUYAN, CJ ______________________________________ C.V.BHASKAR REDDY, J 14.10.2022 myk