ALL INDIA INSTITUTE OF MEDICAL SCIENCES EMPLOYEES UNION REGD Vs. UNION OF INDIA

JUDGEMENT

(1.) This special leave petition has been filed against the order of the Delhi High court made on 14/5/1996 in CWP No. 1946 of 1996 directing institution proceedings against one, Dr S. K. Kacker, former Director of the All India Institute of Medical Sciences for the alleged cognizable offence punishable under Section 409, Indian Penal Code. The division bench refused to issue mandamus to the police to investigate into the allegations made against the said doctor.

(2.) Shri Deshpande, learned counsel for the petitioner, contended that the petitioner had laid all the necessary information before the Director as well as the Minister concerned and also the Prime Minister bringing to their notice all the offences committed by the doctor but no action in that behalf had been taken. As a result, the petitioner was constrained to move the High court under Article 226 of the Constitution to take the steps as required under the law. The High court, therefore, was not right in refusing to entertain the writ petition and giving directions in this behalf. We Find that the stand taken by the petitioner is not correct in law.

(3.) The Code of Criminal Procedure, 1973 (for short 'the Code') prescribes the procedure to investigate into the cognizable offences defined under the Code. In respect of cognizable offence. Ch. XII of the Code prescribes the procedure: information to the police and their powers to investigate the cognizable offence. Ss. (1 of Section 154 envisages that: