Madhya Pradesh High Court

Locus standi absent for seeking mandamus to initiate disciplinary or penal action against another government employee.

Sudhir Kumar Shrivastava vs The State Of Madhya Pradesh

Madhya Pradesh High CourtJUDGMENT: June 30, 20262 MIN READSOURCE JUDGMENT
THE ORIGINAL LAWLENS SUMMARY
01

Facts

The petitioner filed a writ petition under Article 226 of the Constitution of India seeking directions to the respondent authorities to decide his pending representations regarding alleged financial irregularities and mismanagement by respondent No. 4

Source reference: p. 1-2

The petitioner further sought a declaration of his own innocence regarding a charge-sheet issued to him by the department and requested compensation for mental agony

Source reference: p. 2

The State argued that the petitioner lacked locus standi to demand disciplinary action against another employee and that the petition was not maintainable

Source reference: p. 2
02

Issues

1. Whether a petitioner has the locus standi under Article 226 to seek a writ of mandamus directing the state to initiate disciplinary or criminal proceedings against another government servant

Source reference: p. 3

2. Whether the High Court can interfere with a departmental charge-sheet and declare the petitioner innocent at the stage of issuance

Source reference: p. 3
03

Law Applied

The court applied the fundamental principle that a writ under Article 226 is maintainable only for the enforcement of a legal or fundamental right.

Source reference: p. 2

It held that disciplinary proceedings are an administrative matter within the domain of the competent authority and statutory rules.

Source reference: p. 3

Regarding the challenge to the charge-sheet, the court followed the established doctrine that writ jurisdiction is generally not exercised against a charge-sheet unless it is shown to be wholly without jurisdiction or actuated by malice in law.

Source reference: p. 3-4
04

Reasoning

The court reasoned that the petitioner failed to demonstrate any infringement of a legally enforceable right resulting from the state's inaction against respondent No. 4.

Source reference: p. 3

It clarified that a complainant does not possess a vested right to insist upon the initiation or conclusion of disciplinary proceedings against a third party.

Source reference: p. 3

A mere representation does not create a legal right enforceable through mandamus.

Source reference: p. 3

Regarding the petitioner's own disciplinary case, the court found the prayer for a "declaration of innocence" premature and misconceived, as the petitioner already has an adequate opportunity to participate in the inquiry and submit a reply to the authorities.

Source reference: p. 3-4
05

Holding

The court answered both issues in the negative, holding that the petition was not maintainable for want of locus standi.

The Court dismissed the writ petition, ruling that no case for a writ of mandamus was made out and that no exceptional circumstances existed to warrant interference with the pending departmental charge-sheet.

Source reference: p. 4
Madhya Pradesh High Court

Original Court PDF

Sudhir Kumar ShrivastavavsThe State Of Madhya Pradesh

Madhya Pradesh High Court · June 30, 2026

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