PRAMOD KUMAR SHUKLA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. R.K. Ojha, Senior Advocate assisted by Mr. Satyam Pandey, learned counsel for the petitioners, Mr. Manas Bhargava, learned counsel for the respondent no.2 and Mr. Aseem Mukherjee, learned Standing Counsel for the State- respondents.

(2.) This writ petition has been filed by the petitioners with the following prayer:- "(A) Issue a writ, order or direction in nature of Certiorari quashing the impugned orders passed by the Lokayukt respondent no.2 dtd. 22/9/2021 (Annexure no.5 to this writ petition) and the charge sheet issued by the Additional Deputy Commissioner of Police, Headquarter Commissionerate, Kanpur Nagar respondent no.4 dtd. 22/1/2022 (Annexure no.6 to this writ petition). (B) Issue a writ, order or direction in the nature of mandamus commanding and directing for restraining the respondent not to proceed in pursuance of the charge sheet dtd. 22/1/2022 issued on the basis of the order of the Lokayukt dtd. 2/9/2021. (C) Issue a writ, order or direction in the nature of mandamus commanding and directing the respondents authority to not interfere in the peaceful working of the petitioners."

(3.) Learned counsel for the petitioners submits that the petitioner no.1, namely, Pramod Kumar Shukla was selected as Sub- Inspector in the year 1998 and, thereafter, was promoted as Inspector on 26/1/2015. The petitioner no.2, namely, Pramod Kumar Yadav was selected as Constable in the year 1998 and, thereafter, was promoted as Sub-Inspector in the year 2013. Both the petitioners have been performing their duties up to the satisfaction of their superior. He further submits that the petitioner nos.1&2 were posted as Inspector and Sub-Inpector in P.S.- Chakeri at the time when the incident in question took place. One Mr. Samar Singh moved an application before the Additional City Magistrate-II (hereinafter referred as ACM-II) on Tehsil Diwas on 3/4/2018 with respect to removal of certain articles like cattle etc. and animals lying in their property. Pursuant to which, the ACM-II directed Revenue Inspector to conduct an inquiry with the help of concerned Station House Officer (SHO) and do the needful. On the said direction, the Lekhpal of the area submitted a report dtd. 5/4/2018, on the basis of which Mr. Samar Singh moved another application on 10/4/2018, on which the ACM-II passed an order directing Inspector Chakeri to provide security force for removal of the illegal encroachment upon the property in question, in order to maintain peace. The Lekhpal as well as complainant Mr. Samer Singh went to the Inspector, i.e. petitioner no.1, who in turn directed to petitioner no.2 to provide necessary force. On the aforesaid direction, the petitioner no.2 visited at the spot with the requisite force and found that there was no disturbance, therefore, the petitioners did not do anything for removing the encroachment.