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TMI Blog2020 (2) TMI 1459X X X X Extracts X X X X X X X X Extracts X X X X ..... iminal proceedings against the respondent No.3. If any such fraud alleged said to have been committed by the respondent No.3, ought to have been discovered by the petitioner during his service period in order to initiate the disciplinary proceedings/criminal proceedings against the respondent No.3. The petitioner/officer after his retirement becomes functus officio. The writ of mandamus could be issued only in the circumstances where the statutory authorities fail to perform their functions vis- -vis the fundamental right of the petitioner. The petitioner must establish that he has a legal right to the performance of a legal duty, by the party against whom the mandamus is sought and such right must be subsisting. Such duty may be one im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t petition seeking for a direction to the respondent Nos.1 and 2 to hold disciplinary enquiry against the respondent No.3 inasmuch as the genuineness of his marks cards and diploma certificates at Annexures-A, B, C and D are concerned and further to prosecute the respondent No.3 for manipulating the said documents. 2. It is the contention of the petitioner that the respondent No.3 who was working as junior engineer [Civil] in the respondent No.1 University has produced the fake marks cards and fake certificates to secure the employment. It is submitted that the marks cards at Annexures-A, B and C and the certificate at Annexure-D were signed by the Secretary, who was not holding the charge during the relevant period. Hence, seeks for i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espondent No.3 were forwarded to the respondent No.2 Board, by the employer respondent No.1 and after ascertaining the genuineness of the same, no action against the respondent No.3 has been taken. Accordingly, seeks for dismissal of the writ petition. 6. The writ petition is wholly misconceived and deserves to be rejected firstly for the reason that the petitioner claiming to be the erstwhile superior officer of the respondent No.3 who is now retired, cannot seek the relief of initiating disciplinary proceedings/criminal proceedings against the respondent No.3. If any such fraud alleged said to have been committed by the respondent No.3, ought to have been discovered by the petitioner during his service period in order to initiate t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lve the personal enmity or such inter-se disputes. 8. The original documents now made available before the Court by the respondent No.1 depicts that all the marks cards and certificates are duly verified and attested by the Assistant Secretary, Board of Technical Education, Bengaluru on 30.10.2003 as genuine. Theoriginal service registrar of the respondent No.3 also supports the genuineness of the marks cards/certificates, since it was the responsibility/duty of the superior officer, the petitioner herein, who during his service period has accepted the same without any demur and has now raised his voice alleging fraud. 9. It is significant to note that the third respondent is now retired from service on 31.07.2019. The petitioner has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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