RAKESH KUMAR MISHRA Vs. STATE OF U P

JUDGEMENT

(1.) Both these petitions were taken up together by the consent of the parties counsel with a view to disposing them of by a common order. Writ Petition No. 18683 of 2001 seeks quashing of an order whereby a fact-finding inquiry committee has been constituted to inquire and report about allegations contained in the complaint made by one Chaudhary Yashwant Singh, General Secretary. Yuva Janta Dal. Uttar Pradesh, in his letter dated 9.1.2001 addressed to the Chief Minister with a copy endorsed to the concerned Minister arrayed herein as one of the respondents besides the allegations contained in the complaint of Sri Devi Singh and others addressed to the concerned Minister. The complaints are against the petitioner and other officers of the district including the District Magistrate. In Writ Petition No. 23896 of 2001, a direction has been given to Commissioner and Administrator, Sharda Sahayak Samadesh, Jawahar Bhawan, Lucknow. to transfer the petitioner presently working as Incharge Soil Conservation Unit D.P.A.P.. Pratham, Sonbhadra. out of eastern districts to a distant district in a vacant post. This direction appears to be an off shoot of complaints which are the subject-matter of inquiry by the fact-finding inquiry committee. Writ Petition No. 18683 of 2001

(2.) Impugned in this writ petition is the office memo dated March 24, 2001 being Annexure-10 whereby the State Government have appointed a three-member committee headed by Sri Jagat Pal, Upper Prashasak Ram Ganga Command Pariyojana, Kanpur, to Inquire and report within 15 days about the financial irregularities allegedly committed by the petitioner, (a Junior Engineer), as Incharge Soil Conservation Officer, D.P.A.P. Pratham, Sonbhadra, in connivance with the District Magistrate. Sonbhadra and other officers as per complaint made by one Chaudhary Yashwant Singh, General Secretary. Yuva Janta Dal. Uttar Pradesh, in his letter dated 9.1.2001 addressed to the Chief Minister. Uttar Pradesh and the one made by Devi Singh and others dated 20.9.2000 addressed to the Minister for Land and Water Resources Department of Uttar Pradesh, Lucknow Sri Mandaleshwar Singh arrayed herein as party respondent No. 2 and the allegations made by the said Minister in his letter dated 9.2.2001.

(3.) Sri Ashok Mehta, chief standing counsel stated at the very out set that the inquiry committee constituted by the impugned office memo is a fact-finding committee which is to submit its report to the State Government in respect of the truth or otherwise of the allegations of the financial irregularities referred to in the complaint aforesaid. No regular departmental inquiry has yet been commenced against the petitioner in respect of the financial irregularities allegedly committed by him as Incharge, Soil Conservation Unit, D.P.A.P., Pratham, Sonbhadra. Sri Yogesh Agarwal appearing for the petitioner, however, submits that even the commencement of inquiry suffers from the vice of mala fide and is tantamount to harassment of the petitioner, in that, proceeds the submission, inquiry into the alleged irregularities were conducted earlier by various authorities including the Divisional Commissioner and the District Magistrate but were found without any substance. It is noteworthy that the second respondent in his letter dated 14.2.2001 annexed as [Annexure-1) addressed to the Principal Secretary. Land Development and Water Resources has referred to the complaints of Chaudhary Yashwant Singh. General Secretary, Yuva Janta Dal, Uttar Pradesh and Devi Singh and others and has also stated : that it was brought to his notice that the petitioner had been managing and directing various voluntary organisations in the districts of Maharajganj. Gorakhpur. Farrukha-bad. Kannauj, Kaushambi and Sonbhadra in the name of others ; that in one particular unit the petitioner spent more than the prescribed limit of Rs. 2 crores in the name of development work in contravention of the prescribed norms : that in Vikas Khand. Ghorawal, a sum of Rs. 19.54 lakhs is shown to have been spent in between 1995-96 to 1998-99 whereas the work had already been done for a sum of Rs. 7.11 lakhs in 1997-98. Several other similar instances of financial irregularities have been set out in the complaint. The Minister accordingly suggested that an inquiry committee be constituted with a view to ascertaining the quantum of work actually done by the voluntary organisations and the amount spent in such work. Chaudhary Yashwant Singh. General Secretary, Yuva Janta Dal, Uttar Pradesh. in his letter dated 9.1.2001 addressed to the Chief Minister, Uttar Pradesh has alleged 'herapheri' of Rs. 10 crores by the petitioner in connivance with the District Magistrate, the Chief Development Officer. Project Director and Assistant Engineer, D.R.D.A. in various projects undertaken in district Sonbhadra in the year 1996. Nature of complaint made by Chaudhary Yashwant Singh. General Secretary, Yuva Janta Dal. Uttar Pradesh, in his letter dated 9.1.2001 is concededly such as may warrant major punishment in the event of the same being established not only to the petitioner but to other officers including the District Magistrate. Sonbhadra. Complaints made by Sri Devi Singh and others is also not less serious. Question is whether interference by the Court at this stage would be justified.