Ashok Kumar Chitranshi vs State Of U.P. & Others
2012 Latest Caselaw 6235 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 55
 

 
Case :- CRIMINAL MISC. WRIT PETITION No. - 3968 of 2010
 

 
Petitioner :- Ashok Kumar Chitranshi
 
Respondent :- State Of U.P. & Others
 
Petitioner Counsel :- Swarn Kumar Srivastava,Anil Kumar Srivastava
 
Respondent Counsel :- Govt. Advocate,M.K.Rai
 

 
Hon'ble Ravindra Singh,J.

Hon'ble Arvind Kumar Tripathi,J.

Heard the learned counsel for the petitioner, learned A.G.A. for the state of U.P. and Sri M.K. Rai, learned counsel appearing on behalf of respondent no. 16.

It is submitted by Sri M.K. Rai, learned counsel for respondent no. 16 that Sri U.N.Sharma, Senior Advocate has been engaged to argue this case. He is not available today because he is out of station. It is submitted by the learned counsel for the petitioner that it is a case in which the senior  officers are involved, but no action has been taken against them.

This petition has been filed in the months of March, 2010. The learned A.G.A. was directed to file the counter affidavit. The learned A.G.A. was directed to file a list of the persons against whom action was taken by the Government for which supplementary affidavit has been filed, but it is not exhaustive, it does not say that any action has been taken against any officer of the Government who are involved in the scam.

It is further submitted by the learned counsel for the petitioner that during the pendency of the present writ petition after filing of the counter affidavit, respondent no. 15 Sanjeev, who was the District Food Marketing Officer, Allahabad was suspended by the Commissioner vide order dated 18.2.2010, has been reinstated without holding proper inquiry and has been promoted to the post of Regional Marketing Officer and has been posted at Allahabad. The persons who are involved in the present scam are being rewarded without any proper reasons by giving promotion etc. In case,  the matter is not  entrusted to the C.B.I. grate injustice will be done to  the public at large.

In reply to the above contention, it is submitted that by learned A.G.A. that he is not having any instruction with regard to the promotion of respondent no.15 Sanjeev Kumar who has    been promoted as Regional Marketing Officer at Allahabad. He prays for and is granted 2 weeks time to file a detailed counter affidavit mentioning therein the action taken against the officers involved in that scam and to explain as to why this matter may not be referred to C.B.I. for the purpose of investigation.

List on 22.2.2013.

Let a copy of this order be supplied to the learned A.G.A. for compliance.

Order Date :- 21.12.2012

N.A.