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M.K.MOHANAN, SECRETARY, DISCHARGED versus THE UNION OF INDIA

High Court of Kerala

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M.K.MOHANAN, SECRETARY, DISCHARGED v. THE UNION OF INDIA - WP(C) No. 4047 of 2004(F) [2007] RD-KL 12855 (12 July 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 4047 of 2004(F)

1. M.K.MOHANAN, SECRETARY, DISCHARGED
... Petitioner

Vs

1. THE UNION OF INDIA,
... Respondent

2. NATIONAL HUMAN RIGHTS COMMISSION,

For Petitioner :SRI.M.A.NISSAR

For Respondent :SRI.DINESH R.SHENOY, ADDL.CGSC

The Hon'ble MR. Justice KURIAN JOSEPH

Dated :12/07/2007

O R D E R

KURIAN JOSEPH, J.

W.P. (C). NO. 4047 OF 2004

Dated this the 12th day of July, 2007.



J U D G M E N T

Challenge is on Exhibit P3 order passed by the second respondent-National Human Rights Commission. Commission, as per the impugned order, rejected the complaint holding that the same does not require intervention of the Commission. It is seen that the petitioner had approached this Court earlier leading to judgment dated 29.01.2002 in W.A. No. 3338/2001. It has been held by this Court that damages is an issue to be worked out independently.

2. The remedy open to the petitioner is to approach the Civil Court and not the Human Rights commission as it does not have jurisdiction to entertain the same. Without prejudice to the liberty to the petitioner to approach the Civil Court, this writ petition is dismissed.

KURIAN JOSEPH, JUDGE.

smp


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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