High CourtsSingle Bench(2011) 07 MAD CK 0374

Tamilnadu State Government Transport Corporation Kamaraj Labour Union vs The State of Tamilnadu and Others

Madras High Court · Decided on 25 July 2011

HON’BLE JUDGES
Vinod K. Sharma, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (MD) No. 1852 of 2006 and WP. MP (MD) No. 2042 of 2006

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Judgment

7 paragraphs · 227 words

Vinod K. Sharma, J.—The Petitioner prays for issuance of a writ, in the nature of Mandamus, for directing the transfer of proceedings, in crime No. 400 of 2005 from the file of the Inspector of Police, Central Crime Station, Nagercoil, to the Central Bureau of Investigation.

2.

The Petitioner is neither the complainant nor a party to the criminal proceedings.

3.

The case has been registered against the employees, working in the Department, on the allegations of misappropriation of 12,000 liters of diesel. No. material is placed on record against the State police with regard to investigation, being partial or not being conducted in appropriate manner.

4.

The only ground pleaded for transferring the case to the Central Bureau of Investigation is, that the Petitioner has not faith in the State police.

5.

Without placing any material on record, showing favoritism or injustice being caused to the Department, by defective or partial investigation, mere lack of faith cannot be a ground to transfer the case from the file of the State Police to the Central Bureau of Investigation, that too on a petition filed by labour Union.

6.

No ground is made out to transfer the investigation. The petition is totally misconceived, seems to have been filed with some ulterior motives.

7.

Consequently, the writ petition ordered to be dismissed. Connected Miscellaneous Petition is closed. No. costs.