LAWS(UTN)-2021-4-43

SHAILENDRA GHAI Vs. STATE OF UTTARAKHAND

Decided On April 06, 2021
Shailendra Ghai Appellant
V/S
STATE OF UTTARAKHAND Respondents

JUDGEMENT

(1.) By means of this writ petition, petitioner has sought following reliefs:

(2.) According to the petitioner, respondent no. 3 was posted as Tehsildar, Kashipur at the relevant point of time, when the mutation application filed by respondent no. 3 was decided. Learned counsel for the petitioner submits that certain interpolations were made in the record with the active connivance of respondent no. 3 and State Vigilance Department had recommended lodging of F.I.R. against respondent no. 3. Since the State Government has now decided to drop the proceedings against respondent no. 3, therefore, petitioner has challenged the decision so taken by the State Government for dropping the proceedings.

(3.) In the humble opinion of this Court, the petitioner has no locus standi to maintain this writ petition. Whether any action deserves to be taken against a Government Servant or not is exclusively within the domain of the State Government, which is the employer. The State Government, after due consideration of all relevant aspects, has decided to drop the proceedings.