NATIONAL ASSOCIATION FOR WELFARE OF YOUTH THRU. ITS PRESIDENT Vs. STATE OF U.P. THRU. THE PRIN. SECY. DEPTT. OF VIGILANCE & ORS.

JUDGEMENT

(1.) These three writ petitions relate to the subject matter pertaining to a prayer made for an enquiry and conclusion of investigation by the U.P. Vigilance Establishment against Umesh Kumar Tripathi, the District Inspector of Schools, Lucknow.

(2.) The other relief prayed for is to immediately transfer the said D.I.O.S. from Lucknow to some other non-sensitive post pending enquiry and investigation as his placement at Lucknow is likely to hamper the same and even otherwise once having been found in possession of disproportionate assets and facing allegations of corruption, there is a complete loss of confidence and public trust which should not be reposed in such an official for which reliance has been placed on the decision of the Apex Court in the case of Centre for Public Interest Litigation and another Vs. Union of India and another [(2005) 8 SCC 202] and the judgment of a Division Bench of the Allahabad High Court in Public Interest Litigation (PIL) No.29592 of 2016, Akhil Bhartiya Manav Kalyan Evam Samojoththan and another Vs. State of U.P. and others with special reference to the order dated 1.7.2016 passed therein and the final judgment dated 19.9.2016. The said orders are reported in 2016 (7) ADJ 353 (DB) and 2016 (6) ALJ 161. The petitioners' counsel has also invited the attention of the Court to the judgment in the case of Mohan Ram Vs. State of U.P. and others [(2009) 2 UPLBEC 1509] to urge that this very D.I.O.S. had been subjected to an imposition of fine on account of his dereliction in duty while working as a D.I.O.S. in another district.

(3.) These three writ petitions were heard and a supplementary affidavit was filed on 28.11.2016 by the petitioners whereupon the Court has called upon the learned Standing Counsel to inform the Court about the status of the enquiry against the Officer. The Court again had passed an order on 30.11.2016 to the following effect :-