Rajasthan High Court - Jaipur
Rajeshwar Nehra And Anr vs Khadi And Ors on 30 April, 2018
Author: Ashok Kumar Gaur
Bench: Ashok Kumar Gaur
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writs No. 23640/2017
1. Rajeshwar Nehra S/o Shri Shrichand Nehra, Aged About
43 Years, By Caste Jat (Obc), R/o Village Devroad, Tehsil
Surajgarh, District Jhunjhunu
2. Rajendra Kumar S/o Shri Niranjan Lal, Aged About 51
Years, (Obc), R/o Village Devroad, Tehsil Surajgarh,
District Jhunjhunu
----Petitioners
Versus
1. Khadi And Village Industries Comission, Gramodaya, 3,
Irla Road, Vile Parle (West) Mumbai-56, Through
Chairman
2. Director, Vigilance, Khadi And Village Industries
Commission, Gramodaya, 3, Irla Road, Vile Parle (West)
Mumbai-56
3. Director, Divisional Office, Khadi And Village Industries
Commission, Kisan Bhawan, Shriganganagar Road,
Bikaner, (Raj.)-334004
4. Norang Lal Ranasaria, Chairman, Shekhawati Khadi
Gramodaya Sangh Chhawani Bazar, Near P.n.b., Bank,
Jhunjhunu
5. Richhpal Singh Kirodiwal, Secretary, Shekhawati Khadi
Gramodaya Sangh Chhawani Bazar, Near P.n.b., Bank,
Jhunjhunu
----Respondents
For Petitioner(s) : Mr. Rameshwar Prasad Jhakar Adv. on behalf of Mr. Sanjay Mehla Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE ASHOK KUMAR GAUR
Order
30/04/2018
The present writ petition has been filed by the two petitioners. Petitioner No. 1 has disclosed in the writ petition that (2 of 4) [CW-23640/2017] he is working in Chirawa Khadi Bhandar as worker since 17 th April, 2002 and he is said to be Incharge of Amber Spinning Centre Jhunjhunu and same is sub-ordinate Unit of Shekhawati Khadi Gramodhya Sangh Jhunjhu (In short "Sangh").
Petitioner No. 2 is said to be working as worker since 10 th February, 1995 in the Head Office, Jhunjhunu of Sangh. The petitioners have made following prayers in the present writ petition:-
"Prayer It is therefore, most humbly prayed that your Lordship may graciously be pleased to accept and allow this writ petition and
(i) by an appropriate writ, order or direction, the respondents may kindly be directed to enquire the whole matter in fair and impartial manner by handling over the inquiry/investigation of the same to C.B.I. or other independent agency which Hon'ble Court deems fit and proper.
(ii) by an appropriate writ, order or direction, the respondents may kindly be directed to terminate the respondent No. 5 from Shekhawati Khadi Gramodya Sangh Jhunjhunu and recovered the embezzled amount from him and other persons who involved in the said corruption and also initiated criminal proceeding against him as per law.
(iii) Any other order which this Hon'ble Court deemed just and proper in the facts and circumstances of the case may also be passed in favour of the petitioners."
Learned counsel for the petitioners submitted that the petitioners being the employees of Shekhawati Khadi Gramodhya Sangh, Jhunjhu, are interested in proper functioning of the "Sangh" and due to malpractice committed by the respondent No. 5 - Richhpal Singh Kirodiwal, Secretary, Shekhawati Khadi Gramodaya Sangh, the interest of Samiti is in jeopardy. Counsel submitted that complaints were filed in respect of certain sale- deeds which were executed in illegal manner and after complaints (3 of 4) [CW-23640/2017] submitted to the Higher Authorities, no action has been taken by them.
Counsel for the petitioner further pleaded and argued before this Court that due to several illegalities committed in the "Sangh", the proper functioning of the "Sangh" has been seriously affected and respondent No. 5 has also embezzled certain amount.
Counsel submitted that for proper functioning of the "Sangh", this Court is required to issue directions for making enquiry/investigation by the Central Bureau Investigation or other independent Agency.
Counsel has further prayed for termination of service of respondent No. 5 and money embezzled by him is also sought to be recovered.
This Court had put a query to the learned counsel for the petitioner about locus of the petitioners and the forum they have chosen to file this writ petition for seeking direction, as mentioned above.
Counsel submitted that both the petitioners being employees of the "Sangh" are definitely interested in proper functioning and as such they have approached this Court.
This Court finds that the present writ petition is wholly frivolous and the petitioners in order to raise the dispute about functioning of the "Sangh", have sought prayer of not only terminating the services of respondent No. 5 but also further they intend to invoke power of the Court, for making enquiry by the Central Bureau Investigation.
This Court finds that the prayer sought by the petitioners is absolutely baseless and the writ jurisdiction cannot be allowed to (4 of 4) [CW-23640/2017] be used in the manner, the petitioners have sought in the present writ petition.
The averments made in the writ petition level allegations not only against Shekhawati Khadi Gramodaya Sangh, Jhunjhunu, but also rackless allegations have been leveled against the persons in whose favour sale deeds have been executed by the registered sale deed.
The petitioner has filed the present frivolous petition for settling his personal scores with the members of the "Sangh" and as such the writ petition is filed for a wrong cause.
This Court finds that the present writ petition lacks any merit and the same is dismissed.
(ASHOK KUMAR GAUR),J Monika/34