IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMACHANDRA MENON TUESDAY, THE 31ST MARCH 2009 / 10TH CHAITHRA 1931 WP(C).No. 17293 of 2007(H) ------------------------------------ PETITIONER(S): --------------------- A.J.JOSEPH, ALUNKAL HOUSE, ANICKAD EAST P.O., KOTTAYAM. BY ADV. SMT.DAISY A.PHILIPOSE RESPONDENT(S): ----------------------- 1. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF VIGILANCE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF GENERAL OF VIGILANCE, VIGILANCE AND ANTI CORRUPTION BUREAU, P.M.G.ROAD, THIRUVANANTHAPURAM. 3. TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. 4. JOJO JAMES, REGIONAL TRANSPORT OFFICER, KOTTAYAM. GOVT. PLEADER SRI. V.TEK CHAND THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 17293/2007 H APPENDIX PETITIONER'S EXHIBITS : EXT.P1. COPY OF THE CHECK REPORT RECEIVED ON 8/1/07. EXT.P2. COPY OF THE REPRESENTATION DT. 10/1/07. EXT.P3. COPY OF THE CHECK REPORT DT. 5/1/07. EXT.P4. COPY OF THE LETTER NO. G4. 12795/TC/06. EXT.P5. COPY OF THE REPRESENTATION DT. 19/2/2007. EXT.P6. COPY OF THE REPORT PUBLISHED IN MATHRUBHUMI DAILY DT. 28/12/2006. EXT.P7. COPY OF THE CIRCULR NO. 4135/ADV. C2/94/ P& ARD DT. 23/5/94. EXT.P8. COPY OF THE REPRESENTATION DT. 18/1/2007. RESPONDENTS' EXHIBITS : NIL. / TRUE COPY / tga P.R.RAMACHANDRA MENON, J. ~~~~~~~~~~~~~~~~~~~~~ W.P.(C) No. 17293 of 2007 ~~~~~~~~~~~~~~~~~~~~~ Dated, this the 31st day of March, 2009 J U D G M E N T The petitioner has approached this Court seeking for a writ of mandamus directing the respondents 1 to 3 to take disciplinary action against the 4th respondent pursuant to the registration of vigilance case - V.C. 2/2004 and also to transfer him to some other place. 2. The case of the petitioner is that the 4th respondent who was working as the Joint Regional Transport Officer, Kottayam and also holding charge of the R.T.O, Kottayam was harassing the petitioner and others by different ways and means, which led to several complaints. In furtherance of this, the vigilance department conducted a raid in the Regional Transport Office, Kottayam where the 4th respondent was working and the 4th respondent was suspended from service in February, 2004. Though the investigation in the vigilance case was going on, the petitioner submits that the 4th respondent was reinstated in the very same office in November, 2006 and after taking charge, he is continuing the illegal activities with more vigor which made the petitioner to approach this Court by filing the above writ petition. 3. The learned Government Pleader, on the basis of the instructions submits that the vigilance investigation is already over and that further W.P.(C) No. 17293 of 2007 -:2:- steps are being pursued for filing the final report. 4. The crucial question to be considered is as to the locus standi of the petitioner with regard to the prayer sought for. Admittedly, the petitioner is only an operator of a stage carriage and the connection/involvement of the 4th respondent is only by virtue of his office as the Joint Regional Transport Officer/Regional Transport Officer in -charge, Kottayam, concerned with issuance of the permit. If the petitioner is aggrieved as to any failure or lapses on the part of the 4th respondent, he is at liberty to approach the departmental authorities/Government seeking for redressal of his grievances. It is absolutely not for the petitioner to come before this Court seeking for a direction to take disciplinary action against the 4th respondent or to transfer him from the present place to some other place, since it is a matter exclusively within the prerogative of the employer, to take appropriate action, if found necessary, against his employees. As far as the petitioner is concerned, he is only a stranger and none of his rights, much less any fundamental right is stated as infringed so as to sustain the relief sought for in the present writ petition. The petition is devoid of any merit and is dismissed accordingly. P.R. RAMACHANDRA MENON, JUDGE kmd.