Hitendra Sharma vs Indian Red Cross Society M.P. ...
2022 Latest Caselaw 3920 MP

                                                                        1
                                        IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                   BEFORE
                                            HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI
                                                              ON THE 22nd OF MARCH, 2022

                                                        WRIT PETITION No. 16129 of 2021

                                            Between:-
                                            HITENDRA SHARMA S/O SHRI NAROTTUAM
                                            SHARAM, AGED ABOUT 40 YEARS, OCCUPATION:
                                            PUBLIC RELATION OFFICER, RED CROSS
                                            SOCIETY, BRANCH BHOPAL, RED CROSS
                                            BHAWAN, SHIVAJI NAGAR BHOPAL (MADHYA
                                            PRADESH)

                                                                                                      .....PETITIONER
                                            (BY SHRI DEVENDRA KUMAR TRIPATHI, LEARNED COUNSEL FOR
                                            THE PETITIONER)

                                            AND

                                   1.       INDIAN RED CROSS SOCIETY, M.P. STATE
                                            BRANCH,    RED CROSS SOCIETY, BRANCH
                                            BHOPAL, RED CROSS BHAWAN, SHIVAJI NAGAR,
                                            B HOPAL THROUGH ITS GENERAL SECRETARY
                                            (MADHYA PRADESH)

                                   2.       OFFICE SUPERINTENDENT, INDIAN RED CROSS
                                            S OCIETY, MP STATE BRANCH, RED CROSS
                                            SOCIETY, BRANCH BHOPAL, RED CROSS
                                            BHAWAN, SHIVAJINAGAR, BHOPAL (MADHYA
                                            PRADESH)

                                                                                                    .....RESPONDENTS
                                            (BY SHRI D.K. KAURAB, LEARNED COUNSEL FOR RESPONDENT
                                            NO. 1 AND SHRI DEEPAK SAHU, LEARNED PANEL LAWYER FOR
                                            RESPONDENT/STATE)

                                         T h is petition coming on for admission this day, the court passed the
                                   following:
                                                                         ORDER

By filing this petition under Article 226 of the Constitution of India, the petitioner has not challenged any particular order, but is aggrieved by the in action of respondent No. 1 in not permitting him to discharge his duties as Public Relation Officer.

At the outset, learned counsel for respondents submits that the petition is not maintainable inasmuch as the Indian Red Cross Society is not the State within the meaning of Article 12 of the Constitution of India. In support of his Signature Not Verified SAN

contention, he has relied on the judgment of the High Court of Patna rendered in Digitally signed by ASHISH KUMAR

the case of Er.Ramesh Kumar Vs. Indian Red Cross Society, 2017 SCC LILHARE Date: 2022.03.23 16:49:55 IST

Online, Patna 3407 as well as the judgment of High Court of Delhi rendered in the case of Sarmukh Singh Vs. Indian Red Cross Society, 1985 SCC Online Del 542, wherein it is held that the Indian Red Cross Society is not State within the meaning of Article 12 of the Constitution of India and both the petitions were

dismissed on the ground of maintainability. He also relied on the order passed by this Court in Writ Petition No.20757/2017 (M/s.New Balaji Chemist Vs. Indian Red Cross Society).

In view of the aforesaid orders passed in the case of Er.Ramesh Kumar.(supra) and Sarmukh Singh (Supra) as well as the order passed by this Court in Writ Petition No.20757/2017 (M/s.New Balaji Chemist Vs. Indian Red Cross Society), the respondents/Indian Red Cross Society cannot be held to be an authority under Article 12 of the Constitution of India.

In the result, the petition is dismissed.

(S. A. DHARMADHIKARI) JUDGE ashish

Signature Not Verified SAN

Digitally signed by ASHISH KUMAR LILHARE Date: 2022.03.23 16:49:55 IST