January 28, 2019:

On Friday, the Bench of Justices Abhay Manohar Sapre and R. Subhash Reddy of Hon'ble Supreme Court dismissed a writ petition filed under Article 32 of the Constitution of India.

The petitioner is a former employee of Respondent No.12 ¬ a Limited Company. He worked as CEO of the said company from June 2014 till 31st December 2016. He has sought for issuance of Writ of Mandamus or any other Writ or directions directing Respondent No.23 (CBI) to investigate the entire matter and examine all the allegations made by the writ petitioner against Respondent Nos.12 to 22 in accordance with law.

His grievance is also against the persons who are managing the affairs of Respondent No.12 - Company and also against the Companies, individuals and the firms with whom respondent No.12 ¬ Company is having their business and financial dealing/operations i.e. (Respondent Nos.13 to 22, 24 and 25).

According to the writ petitioner, all the irregular dealings/activities of Respondent No.12 – Company, which has been highlighted in the writ petition has not only caused heavy loss to the public exchequer but also rendered the persons, who indulged in these activities,  liable to face prosecution for commission of several cognizable offences punishable under the Acts.

The Bench while dismissing the said Writ Petition observed, "If the writ petitioner has any personal grievance in relation to any of his contractual personal rights flowing from any service conditions or any other agreement with the respondent No.12 – Company, his legal remedy lies in filing Civil Suit or take recourse to any other civil law remedy for adjudication and enforcement of his rights qua respondent No.12 – Company or anyone claiming through them as the case may be.

The writ petition under Article 32 of the Constitution is not the remedy for agitating any such grievance.

All such applicants would be at liberty to raise their grievances qua respondent No.12 – Company whether individually or severally for adjudication of their rights before an appropriate Judicial Forum in accordance with law."

Read Judgment @ LatestLaws.com

RAMESH SANKA Vs UNION OF INDIA & ORS. 25-01-2019(Downloadable PDF)

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