ZUHAIR BIN SAGHIR Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Hemant Kumar Mishra, learned counsel for the petitioner as well as learned A.G.A.

(2.) This petition has been filed for quashing the impugned open inquiry report conducted by opposite party No.2 in pursuance of the unauthorized complaint made by the opposite party No.4, as contained in Annexure No.2 to the writ petition, contrary to the government orders dated 9.5.1997, 1.8.1997, 19.4.2012 and 24.5.2012 which is the basis of initiating the criminal prosecution against the petitioner, submitted by opposite party No.2, before opposite party No.1.

(3.) The petitioner has submitted that he is a civil servant of the rank of I.A.S. and at the time of alleged incident he was working as District Magistrate, Moradabad. Petitioner has alleged that at that time a complaint was made by a declared land mafia, who was placed at the top of the list issued by the Government itself and has been annexed as Annexure No.1 to the writ petition. Though it is a paper cutting but the list has not been denied by the State. However, the petitioner has submitted in paragraph-5 of the writ petition that Dushyantraj Chaudhary was declared as land mafia by the State Government itself and his name has figured in the Anti Bhu mafia list. In paragraph-8 of the counter affidavit, the State has conspicuously kept silent on this issue and has stated that the State does not want to comment upon it. There is no denial that the list has not been issued by the State Government. Hence, we can safely presume that the list was issued by the State as mentioned in paragraph-5 of the writ petition.