Pushpendra Singh Parmar vs. President/Vice President/General Secretary, ICSI
Background
The petitioner, a former employee of UC Web Mobile Private Company, alleged the company was involved in anti-national activities (including hacking the IRCTC system and inciting communal riots) and had wrongfully obtained and misused his confidential emails to harass him with a contempt case. He sent a representation to the Institute of Company Secretaries of India (ICSI) seeking an inquiry into the company, and filed this writ petition when ICSI did not respond or act.
Decision Breakdown
The Court held that the dispute was, at its core, a personal grievance between the petitioner and a private company (UC Web Mobile Pvt. Ltd.), not a matter properly brought before the Court under Article 226's extraordinary writ jurisdiction. It held that Article 226 is not meant to be a forum for airing personal disputes or pursuing a private adversary merely because a representation went unanswered. The petition was dismissed, with liberty given to the petitioner to pursue appropriate legal remedies directly against the company.
Lesson Learnt
A writ petition cannot be used to compel a regulator or professional body to act on a complaint that is really a personal dispute with a private party: the proper route is a direct legal remedy against that party.