1 2025:CGHC:9304-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPCR No. 111 of 2025 Bibhas Das (Petitioner In Person) S/o Late Sukumar Das Aged About 57 Years Permanent Address- C/o Reverend Maa, Smt. Kamala Das, Itina Colony, Block- C, P.O. Banipur, P.S. Habra, District North 24 Parganas, West Bengal Pin- 743233, Postal Address For Correspondence Post Box No. 16, Head Post Office, Bilaspur, Chhattisgarh, Pin 495001 ... Petitioner versus 1 - Union Of India Through The Secretary, Ministry Of Railways, Rail Bhavan, New Delhi 2 - The State Of Chhattisgarh Through Chief Secretary Chief Secretary, Mantralaya, Naya Raipur, Chhattisgarh. 3 - The Chief Executive Officer And Chairman, Railway Board, Rail Bhawan, New Delhi. 4 - Mr. Wassim Siddiqui Senior Divisional Electrical Engineer (Operation), South East Central Railway, Nagpur Controlling Officers Address- The General Manager, South East Central Railway, 5th Floor G.M. Building Bilaspur, P.S. Torwa Police Station, District Bilaspur, Chhattisgarh, Pin- 495004 5 - Mr. D. S. Tomar R/o Bungalow No. V-20/2, Bungalow Yard, S.E.C.R. Bilaspur, P.O. Bilaspur, P.S. Torwa Police Station District Bilaspur, Chhattisgarh. Pin 495004, Permanent R/o Agyay Nagar, Bilaspur, P.O. Digitally signed by VEDPRAKASH DEWANGAN 2 Bilaspur, P.S. Civil Line Police Station District Bilaspur, C.G. Pin 495001 And Controlling Officers Address- The General Manager, South East Central Railway, 5th Floor G.M. Building Bilaspur, P.S. Torwa Police Station, District Bilaspur, Chhattisgarh, Pin 495004 6 - Mr. Yogesh Kumar Dewangan Additional Divisional Railway Manager- 1 (A.D.R.M- 1), South East Central Railway, Bilaspur, Controlling Officers Address- The General Manager, South East Central Railway, 5th Floor, G.M. Building Bilaspur, P.S. Torwa Police Station, District Bilaspur, Chhattisgarh, Pin 495004 ... Respondents (Cause Title taken from Case Information System) Petitioner in person : Mr. Bibhas Das. For Respondents No. 1 & 3 to 6 : Mr. Ramakant Mishra, Dy. S.G. For Respondent/State : Mr. Shaleen Singh Baghel, Dy. G.A. Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Ravindra Kumar Agrawal, Judge Order on Board Per Ramesh Sinha, Chief Justice 24/02/2025 1. The present petition has been filed by the petitioner under Article 226 of the Constitution of India with the following reliefs: “In view of the aforementioned legal grounds, the petitioner respectfully prays for the following reliefs from this Hon'ble Court: I. Issue a writ of mandamus directing the Respondents to provide a detailed report on the illegal and unconstitutional actions taken against the Petitioner. 3 II. Direct an independent judicial inquiry into the railway safety violations related to train accidents and corruption allegations. III. Issuance of a Writ of Mandamus: - Direct Respondent No. 2 to register an FIR against Respondent No. 4, 5 and 6 for the antinational and criminal activities in violation of constitutional and statutory provisions. IV. Disciplinary Action: -Direct the Respondent No.3 to initiate disciplinary proceedings under the Railway Servants (Discipline and Appeal) Rules, 1968, and impose appropriate penalties on Respondent No. 4, 5 and 6 for acts of misconduct, abuse of power, and constitutional violations. V. Criminal Prosecution: - Invoke provisions of the Bharatiya Nyay Suraksha Sanhita, 2023 (BNSS) and the Atrocities Act, 1989, against Respondent No. 4, 5 and 6 for: - Economic exploitation under Section 3(1)(v). - Harassment and violation of dignity under Section 3(1)(x). - Failure of public servants under Sections 3(1)(v), 3(1)(x), and 4 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities Act) 1989 to prevent such acts. VI. Compensation: - Direct the respondents to pay adequate compensation to the petitioner for the violation of 4 constitutional rights, mental agony, and harassment suffered due to the misconduct of Respondent No. 4, 5 and 6. VII. Security of Family Members of the Petitioner: Direct the Respondent No. 1 and 2 to provide proper security for the lives of family members of the Petitioner. VIII. Any Other Relief: Pass such other orders or directions as this Hon'ble Court may deem fit and proper in the interest of justice.“ 2. The petitioner would submit that he has filed the present petition against the respondents for willful dereliction of duty and unlawful actions of the respondents, resulting in grave threats to public safety and endangering national security. He submits that he has made various representations to various authorities, but no action has been taken to address the violations committed by the officials. 3. Learned State counsel, on the other hand, has submitted that the grievance of the petitioner can be very well redressed before the Court below by filing an application under Section 156 (3) or 200 Cr.P.C. (now under Section 175(3) or under Section 223 of the Bharatiya Nagarik Suraksha Sanhita, 2023). He further submits that the controversy involved in the present matter has already been decided by the High Court of Allahabad in Misc. Bench No. 24492 of 2020 : Waseem Haider Vs. State of U.P. Through Principal Secretary, Home and Others vide judgment and order dated 14.12.2020 as well as by this Court in 5 WPCR No.333 of 2020 (Akhilesh Agrawal v. State of Chhattisgarh & Others), decided on 12.04.2023, dismissing the said petition, hence, the present petition be also dismissed in terms of the said order. 4. Accordingly, the present writ petition is dismissed with liberty to the petitioner to avail the appropriate remedy before appropriate Forum. Sd/- Sd/- (Ravindra Kumar Agrawal) (Ramesh Sinha) Judge Chief Justice ved