NAND LAL JAISWAL Vs. STATE OF U P

JUDGEMENT

(1.) Heard.

(2.) The petitioner herein, an erstwhile employee of the U.P. Jal Vidyut Nigam, has filed this writ petition under Article 226 of the Constitution of India challenging his compulsory retirement from the service of the said Corporation on grounds of mala fide and absence of any material to support the same.

(3.) The petitioner was appointed as Routine Grade Clerk in the erstwhile U.P. State Electricity Board on 3.7.1981 He was promoted to the post of Junior Noter-Drafter on 6.9.1991. He claims to have been the Secretary of an Employees Association. In the year 1999 the U.P. Power Corporation Ltd. was constituted in terms of the U.P. Electricity Reforms Act 1999 and the services of the petitioner were transferred to the said Corporation. The petitioner filed a writ petition bearing No. 1925 (SS) of 1999, inter alia, challenging his transfer order and alleging large-scale corruption in the Corporation. An order for inquiry by the C.B.I. was stayed by the Supreme Court, but thereafter the matter was referred to the Vigilance Cell for inquiry. The petitioner filed another writ petition bearing No. 5470 (NB) of 2000 for a C.B.I. inquiry into the alleged corrupt activities in the Corporation. Investigation was completed by the Vigilance during pendency of the writ petition and a report was submitted, which was ordered to be acted upon by this Court. The writ petition was disposed off on 20.3.2002 and the S.L.P. of the petitioner against the same was dismissed on 5.9.2003, whereafter the Chief Minister vide his letter dated 2.3.2008 recommended a C.B.I. inquiry into the matter, but the Union of India vide its letter dated 30 September, 2008 informed the Chief Secretary, U.P. that requisite information in respect of the officers to be investigated has not been provided, moreover earlier the Vigilance Department of U.P. had inquired the matter and departmental proceedings against some of the officers had already been initiated and as the matter did not have any national or international ramifications, therefore, it was not found to be a fit case for investigation by the C.B.I.