Nafr High Court
Case Details
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). versus ... Petitioner(s) 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
Legal Reasoning
vide judgment and order dated 14.12.2020 as well as by this Court in 5 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/- (Ravindra Kumar Agrawal) Judge Sd/- (Ramesh Sinha) Chief Justice ved
Arguments
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 For Respondent No.1 For Respondents/State : : : Mr. Bibhas Das. Mr. Ramakant Mishra, Dy. S.G. 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 3 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.” 4 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