KUMDESH KUMAR SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) By means of instant writ petition, the petitioner, who is posted as Junior Engineer at Meerut Development Authority, Meerut, has prayed that the respondents be directed to stop the inquiry forthwith which is being conducted against him on the basis of some complaint made by one Sri Ajay Kumar, as is reflected from the letter dated 28.04.2011, contained as annexure no. 6 to the writ petition. Further prayer has been made that the respondent nos. 2 to 4 be directed to comply with the Government Order dated 01.08.1997, which provides that before proceeding with the inquiry on any complaint made, it should be verified from the complainant himself that the complaint has been made by him and further that he is satisfied that the complaint is based on correct facts. The government order dated 09.05.1997 also requires that the complainant, in such a situation, should be asked to submit an affidavit in support of the complaint and should also submit evidence in support thereof.

(2.) I have heard Sri Hemant Kumar Mishra, learned counsel for the petitioner, Sri Ram Raj, learned counsel for the Meerut Development Authority and learned Standing Counsel representing State.

(3.) The grievance of the petitioner in nutshell is that the complaint made by the said Sri Ajay Kumar was being enquired into under the direction of the State Government though the verification of the contents of the complaint from the complainant was not got done as per procedure prescribed in the Government Order dated 01.08.1997. He further submits that on account of non-compliance of the procedure prescribed for inquiring into the complaint as given in the Government Order dated 09.05.1997, the same would be void in the eyes of law and would also violate the petitioner's right to get fair enquiry.