Telangana High Court
Syed Ghouse vs The State Of Telangana And 3 Others on 14 October, 2022
Bench: Ujjal Bhuyan, C.V. Bhaskar Reddy
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
