LAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioners have sought the quashing of the directions contained in the communication dated 21 November 2014 sent by the Principal Secretary in the State Government to the Engineer -in -Chief and Head of the Department of Irrigation for lodging a First Information Report against the petitioners in view of the report submitted in connection with the Jamrar Dam Project1. Petitioner nos.1 and 3 are working as Assistant Engineer in the Irrigation Department of the State Government, while petitioner no.2 is an Executive Engineer. Petitioner no.4 retired as Executive Engineer on 31 July 2014, while petitioner nos.5 and 6 retired as Assistant Engineers on 31 January 2009 and 31 January 2012 respectively. All the petitioners were at the relevant time involved in the Project.

(2.) LEARNED Senior Counsel appearing for the petitioners has submitted that the direction issued for lodging of the First Information Report against the petitioners is against the Government Orders dated 19 July 2005 and 24 May 2012. Learned Senior Counsel has pointed out that the Government Orders dated 19 July 2005 and 24 May 2012 provide that in case employees/officers have committed irregularities, then the disciplinary/departmental proceedings should be initiated against them and it is only when it is found that employees/officers had any criminal role that a First Information Report can be lodged against them. Learned Senior Counsel has submitted that since proceedings have not been initiated after the issuance of the charge -sheet, any direction for lodging First Information Report merely on the basis of the reports dated 2 July 2013 and 26 July 2013 could not have been issued.

(3.) LEARNED Senior Counsel has pointed out that Rais Ahmad, who was also involved in the said Project and against whom a direction had also been issued on 12 July 2013 for lodging a First Information Report, had filed Writ Petition No.1252 of 20132 before the Lucknow Bench of this Court and by judgment and order dated 20 August 2013, the Court set aside the order dated 12 July 2013. It is, therefore, his submission that the direction contained in the impugned order for lodging of the First Information Report against the petitioners should also be set aside.