'Cannot Entertain Truncated Plea Filed As PIL': Karnataka High Court Dismisses Plea Challenging Alleged Illegal Operation Of Special Trains

The Karnataka High Court has dismissed a public interest litigation filed by the Indian Railway Mazdoor Union alleging misappropriation of Government money, regarding the illegal operation of special trains.

A division bench of Chief Justice Prasanna B Varale and Justice Krishna S Dixit said “On perusal of the Petition papers and the material annexed to the same, we are of the clear opinion that Petition is presented only on assumption, presumption and self impressions of the Petitioner.”

Further, it held that when a Petitioner approaches the Court with a prayer for initiation of action against a wrongdoer if the action is covered under any provisions of IPC, the Petitioner is not prevented from approaching the appropriate agency by lodging a report. Court observed that no such material was placed on record, in this case, to suggest that a preliminary enquiry was conducted by any authorised agency to form a prima facie opinion that Mr. X or Mr. Y was responsible for the misappropriation of the Government money, if at all there was any, in connection with illegal operation of special trains.

The plea prayed for firm and pragmatic action on persons responsible for the misappropriation of government money made in connection with the illegal operation of special trains and to initiate the process of recovering the financial damage for causing a loss to public funds from the pockets of the persons accountable for moving such illegal special trains and also from the beneficiaries who have misused the special train.

On going through the records the bench said “The petitioner who claims to be the Secretary of Indian Rail Mazdoor Union is not prevented from taking up the grievance with the competent authority of Railways to initiate a departmental action or the like against the erring officials. Now the material placed on record is only by way of some General Rulings passed in the conferences of employees and there is absolutely nothing on record to show that a particular competent authority is approached with a specific grievance in the form of an application/representation.”

It concluded that the Petitioner in this case had only annexed certain Circulars and Resolutions of the Conferences, which fell short of the Court taking cognizance of the PIL.

"This Court cannot entertain a truncated petition of the kind only because somebody is filing it in this Court under the caption of Public Interest Litigation,” it held.

Accordingly, it dismissed the petition.

Appearance: P Ravindra Naidu, party in person.

Advocate Unnikrishnan M for R1 & R2

Citation No: 2023 LiveLaw (Kar) 480

Case Title: Indian Rail Mazdoor Union And The Chairman And Chief Executive Officer Railway Board & Others

Case No: Writ Petition No. 24457 OF 2022.

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