Shaharyar Husain vs State Of U P And Others

Court No. - 21

Case :- WRIT - C No. - 32982 of 2018 Petitioner :- Shaharyar Husain Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Rajesh Kumar Dubey Counsel for Respondent :- C.S.C.

Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Piyush Agrawal,J.

The petitioner has preferred this writ proceeding for issuance of direction upon the Concerned Authority to comply the order dated 12.4.2018 passed by the respondent No.2.

Among other reliefs sought by the petitioner, the relevant relief no.1 is as under:-

"Issue a Writ Order or Direction in the nature of mandamus to issue a direction to the concerned Authority to comply with the order dated 12.4.2018 passed by the respondent no.2 (Annexure No.9 to the Writ Petition)."

From the record, it appears that the petitioner has made complaint to the respondent No.2 that five persons were illegally granted pension on the basis of fabricated documents. The respondent No.2 has confirmed that on enquiry, complaint of the petitioner has been found to be correct. Accordingly, he has issued a direction of taking disciplinary actions against the employees who were involved in the said illegal action.

The grievance of the petitioner is that in spite of the order passed by the Chief Development Officer, Allahabad dated 12.4.2018, no action has been taken by the appropriate Authority in spite of the fact that the District Magistrate has issued a show cause notice against them.

We have heard learned counsel for the petitioner and learned Standing Counsel and have perused the material on record.

Taking into consideration the fact that the fact finding enquiry has already been conducted in which the respondent No.2 has prima facie found respondent nos.4 to 8 guilty, a show cause notice has been issued to them to take disciplinary action.

In view of the above, we are of the view that the interest of justice would be served by issuing a direction to the respondent no.2 to pass appropriate order in compliance of the order dated 12.4.2018. Accordingly, we grant opportunity to the petitioner to move a fresh representation before the respondent no.2 alongwith certified copy of this order within three weeks.

In the event, if such a representation is made, the respondent no.2 shall pass appropriate order to take show cause notice issued by the District Magistrate to its logical end.

With the said directions, the writ petition is disposed of. Order Date :- 13.8.2019 Jyotsana