Chattisgarh High Court
Bibhas Das (In Person) vs The Union Of India on 11 March, 2025
Author: Ramesh Sinha
Bench: Ramesh Sinha
1
2025:CGHC:11942-DB
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPUR
WPCR No. 140 of 2025
Bibhas Das (In Person) S/o Late Sukumar Das Aged About 57 Years
Permanent Address C/o Maa, Smt. Kamla Das Itina Colony, Block-C, P.O.
Banipur, Dist. North 24 Parganas, West Bangal Pin. 743233. Postal Address
For Correspondence Post Box No. 16, Head Post Office, Bilaspur,
Chhattisgarh. (Hereinafter Referred To As The Petitioner).
... Petitioner(s)
versus
1 - The Union Of India Through The Secretary, Ministry Of Home Affairs,
Government Of India, North Block, New Delhi- 110001
2 - The State Of Chhattisgarh Through Chief Secretary Chief Secretary,
Mantralaya, Naya Raipur, Chhattisgarh
3 - The Superintendent Of Police Bilaspur, District Bilaspur, Chhattisgarh. Pin
495001
4 - Mr. D. S. Tomar R/o Bungalow No. V-20/2, Bungalow Yard, S.E.C.R.,
Bilaspur, P.O. Bilaspur, Ps. Tarbahar Police Station Dist. Bilaspur,
Chhattisgarh Pin 495004. Permanent R/o Agyay Nagar, Bilaspur P.O. Bilaspur
Ps. Civil Line Police Station Dist Bilaspur, C.G. Pin 495001 And Controlling
Officers Address- The General Manager, South East Central Railway, 5th
Floor G.M Building Bilaspur, Ps. Torwa Police Station, District- Bilaspur,
Chhattisgarh, Pin 495004
5 - Mr Pradeep Mishra Residential Address- Bungalow No. V B 7/1 Officers
Colony, S E C R, Bilaspur, P.O. Bilaspur, P S Tarbahar Police Station, District
Digitally
signed by
VEDPRAKASH
DEWANGAN
2
Bilaspur, P I N 495004 And Official Address The G M Secretariat, G M
Building, 5th Floor, S E C R, P O. Bilaspur, P S Torwa Police Station, District
Bilaspur P I N 495004
6 - Mr Anshuman Mishra Residential Address- Bungalow No. 1111/2 Officers
Colony, In Front Of G M Bungalow, S E C R, P O, Bilaspur, P.S. Tarbahar
Police Station, District Bilaspur, P I N 495004 Chhattisgarh And Controlling
Officer Address- The General Manager, S E C R, G M Building, First Floor,
Bilaspur, P S Torwa Police Station, District Bilaspur, P I N 495004
... Respondent(s)
(Cause Title taken from Case Information System)
Petitioner in person : Mr. Bibhas Das.
For Respondent No.1 : Mr. Ramakant Mishra, Dy. S.G.
For Respondents/State : Mr. Shaleen Singh Baghel, Dy. G.A.
Hon'ble Shri Ramesh Sinha, Chief Justice
Hon'ble Shri Ravindra Kumar Agrawal, Judge
Order on Board
Per Ramesh Sinha, Chief Justice
11/03/2025
1. The present petition has been filed by the petitioner under Article 226 of
the Constitution of India with the following reliefs:
"In light of the aforementioned legal grounds, the
petitioner respectfully prays for the following reliefs
from this Hon'ble Court:
(A) Issuance of a Writ of Mandamus;
-Direct the Respondent No. 3 to register an FIR
against Respondents No. 4, 5 and 6 for misuse of
power, framing false allegations, and initiating
disciplinary proceedings based on incidents allegedly
occurring prior to the issuance of the No Objection
Certificate, which certified clearance of disciplinary
actions against the petitioner. Also for conveying
false information to the Police Department in
Investigation against the Scheduled Caste Petitioner.
(B) Disciplinary Action:
-Direct the Respondent No. 1 to initiate disciplinary
proceedings under the Railway Servants (Discipline
and Appeal) Rules, 1968 and impose appropriate
penalties on Respondents No. 4, 5 and 6 for acts of
misconduct, abuse of power, and violation of
constitutional rights.
(C) Criminal Prosecution:
-Invoke provisions of the Bharatiya Nyay Suraksha
Sanhita, 2023 (BNSS) and the Scheduled Castes and
Scheduled Tribes (Prevention of Atrocities) Act, 1989
against Respondents No. 4, 5 and 6 for:
i. Economic exploitation under Section 3(1)(v) of the
Atrocities Act.
ii. Harassment and violation of dignity under Section
3(1)(x) of the Atrocities Act.
iii. Failure to prevent exploitation under Section 4 of
the Atrocities Act.
(D) Compensation:
I. Direct the respondents to pay immediate adequate
compensation to the petitioner for the violation of
constitutional rights, mental agony, and harassment
caused by their misconduct.
(F) Any Other Relief:
-Pass such other orders or directions as this Hon'ble
Court may deem fit and proper in the interest of
justice."
2. The petitioner would submit that he has filed the present petition
seeking the issuance of an appropriate writ, order or direction
challenging the misuse of power and the financial exploitation of the
petitioner through the initiation of disciplinary proceedings despite the
issuance of a No Objection Certificate (Folio No.1) addressed to the
Ministry of External Affairs, Government of India by Respondents No. 4,
5 & 6, which constitute a gross violation of the petitioner's fundamental
rights guaranteed under Articles 14, 19 and 21 of the Constitution of
India. He further submits that he has been subjected to harassment,
deprivation of constitutional rights and extreme mental distress by
railway officials and government officials of the Union of India and the
State of Chhattisgarh. Despite repeated representations to various
authorities, no action has been taken to address the violations
committed by respondents No. 4, 5 & 6.
3. Learned State counsel, on the other hand, has submitted that the
direction to initiate the departmental inquiry as well as the
compensation cannot be granted in the facts and circumstances of the
case and the grievance of the petitioner for registration of the FIR can
be very well redressed before the Court below by filing an application
under Section 156 (3) or complaint under Section 200 Cr.P.C. (now
under Section 175(3) or under Section 223 of the Bharatiya Nagarik
Suraksha Sanhita, 2023). He further submits that the controversy
involved in the present matter has already been decided by the High
Court of Allahabad in Misc. Bench No. 24492 of 2020: Waseem Haider
Vs. State of U.P. Through Principal Secretary, Home and Others
vide judgment and order dated 14.12.2020 as well as by this Court in
WPCR No.333 of 2020 (Akhilesh Agrawal v. State of Chhattisgarh &
Others), decided on 12.04.2023, dismissing the said petition, hence,
the present petition be also dismissed in terms of the said order.
4. Considering the pleadings of the writ petition, prayer made by the
petitioner and also the nature of allegation, the grievance of the
petitioner regarding registration of offence can be redressed by filing an
application under Section 175(3) of Bharatiya Nagarik Suraksha
Sanhita, 2023/Section 223 of Bharatiya Nagarik Suraksha Sanhita,
2023, in view of the case of Waseem Haider (supra) and Akhilesh
Agrawal (supra). So far as the other claim of the petitioner regarding
initiation of disciplinary proceeding and compensation are concerned,
we do not find any ground to grant such relief to the petitioner under the
facts of the present case.
5. Accordingly, the present writ petition is dismissed with liberty to the
petitioner to avail the appropriate remedy before appropriate Forum.
Sd/- Sd/-
(Ravindra Kumar Agrawal) (Ramesh Sinha)
Judge Chief Justice
ved
