WPMS/2404/2021
2021 Latest Caselaw 4632 UK

      IN THE HIGH COURT OF UTTARAKHAND
                            AT NAINITAL
           ON THE 18thDAY OF NOVEMBER, 2021
                                   BEFORE:
         HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


            Writ Petition (M/S) No. 2404 of 2021

BETWEEN:

Jagdish Prasad Bhatt                                .....Petitioner
      (By Mr. Bhuwan Bhatt, Advocate)



AND:
State of Uttarakhand & others                  ....Respondents
       (By Mr. Vinod Nautiyal, Deputy A.G. for the State/respondents)



                                JUDGMENT

Heard learned counsel for the parties.

2. By means of this writ petition, petitioner has sought the following relief:

"I. Issue a writ, order or direction in the nature of mandamus commanding to respondent authorities to conduct inquiry regarding the allegations leveled by the petitioner pursuant to the complaint dated 04.01.2020 (Annexure no. 13).

II. Issue a writ order or direction in the nature of mandamus commanding to the respondent no.2 to decide the complaint dated 04.01.2020 with stipulated time bound period. (Annexure no.13) III. Issue a suitable writ, order of direction infavour of petitioner and against the respondents which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case."

3. Petitioner is a Government Servant, who is serving as Assistant Accounts Officer in Audit and Accounts Department of Uttarakhand State. He is presently posted in Fisheries Department. According to him, he made a complaint on 04.01.2020 to number of

State authorities, wherein he has requested to take action on his earlier complaint dated 16.12.2019 and to lodge F.I.R. against three officers of State Secretariat, namely, Shri Chauhan, Shri Rawat and Shri Mishra under relevant sections of Code of Criminal Procedure. The persons, against whom petitioner wants F.I.R to be registered, are not party in this writ petition.

4. Grudge of the petitioner is that these three officers were instrumental in getting him transferred from Department of Medical Health in the year 2018, due to which, petitioner's interests were prejudiced.

5. The reliefs, as claimed in the writ petition cannot be granted. If petitioner wants an F.I.R to be lodged against any individual/officer, then he has a remedy under Code of Criminal Procedure. This Court while exercising extraordinary powers under Article 226 of the Constitution will not entertain private disputes between two individuals.

6. Accordingly, the writ petition fails and is dismissed.

(MANOJ KUMAR TIWARI, J.) Nahid