Allahabad High Court
Pradeep Kumar Trivedi vs The Principal Secy. Rural ... on 28 August, 2015
Bench: Arun Tandon, Shashi Kant
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 9
Case :- WRIT - A No. - 20892 of 2015
Petitioner :- Pradeep Kumar Trivedi
Respondent :- The Principal Secy. Rural Engineering Department & 9 Others
Counsel for Petitioner :- Pradeep Kumar Trivedi,(In Person)
Counsel for Respondent :- C.S.C.
Hon'ble Arun Tandon,J.
Hon'ble Shashi Kant,J.
Rejoinder affidavit filed today is taken on record
Heard learned counsel for the parties and perused the record.
This petition has been filed for following relief :
"(i) Pass order in the nature of mandamus quashing the impugned order dated 11.3.2015 Annexure No.14 at page no.61 and order dated 13.3.2015 Annexure NO. 16 at page no. 122 passed by respondent no.6 and respondent 6 and respondent no.5 respectively.
(ii) Pass an order in the nature of mandamus commanding respondent no.1 to pass any suitable order against respondent no.5 for not performing the works related with civil Engineering for the reason that the basic qualification of respondent no.5 is electrical engineering.
(iii) Pass an order to produce all the important records like Charge- Certificate, Cash book, Cheque book etc. for perusal of this Hon'ble Court which will make it clear as to what an extent the irregularities have been committed by the respondents during the year 2003, year 2004 & the year 2015.
(iv) Pass an order in the nature of mandamus commanding respondent no.1 to take appropriate action or pass a suitable order against respondent no.5 who has committed gross irregularities in the process of taking away the charge of petitioner.
(v) Pass any suitable order against respondent no.4 who is infected with malafide intention because he has not made verification of my services since 3.9.2009 to 14.12.2011 till date and who has not taken any action against respondent no.5 who has made gross irregularities in taking away the charge despite the fact that the inspection of office was done on 23.3.2015 and inquiry was conducted in the matter.
(vi) Pass any suitable order in the nature of stricture against respondent no.8 & 9 for making mischief for destroying the vouchers and placing the amount of Rs. 14000.00 as miscellaneous advance in the cash-book of division.
(vii) Pass any suitable order in nature of stricture against respondent no.3 &4 for not making any inquiry into the matter of destruction of important records like service book and G.P.F. pass book of petitioner with a definite aim to incur financial loss at time of retirement of petitioner.
(viii) Pass any suitable order in the nature of mandamus against respondent no.1 and 2 for not providing funds so that arrears of salary could have been paid to yur humble petitioner despite the fact that the order no. 1265/Gra. A. Vi./ Stha.-1/ Samuh-K/Court case/2014-15 dated 29.8.2014, Annexure No.13 at page no.59 was passed by respondent no.2,
(ix) Pass any suitable order to registry to put up C.M.W.P.No. 51181/2004 which was filed by the petitioner in the year 2004 when order dated 20.11.2004 Annexure No.3 at page no. 23-24 was passed by respndent no.3 who was an incompetent authority to pass such an i9llegal order when drawing and disbursing powers were taken away by respondent no.3. This Hon'ble Court was pleased to pass an order dated 2.12.2004 Annexure No.4 at page no. 26 in C.M.W.P. No. 51181/2004 which is being reproduced as below -relevant lines quoted below:-
"Learned Standing Counsel Mr. S.N.Singh may file reply within three weeks".
"List thereafter for final hearing."
(x) Pass any other order which this Hon'ble Court may deem fit & proper."
The petitioner before this Court seeks quashing of the orders dated 11.3.2015 and the order dated 13.3.2015 as well as various other reliefs, which are in the nature of complaint against the respondent-officers of the Rural Engineering Department of the State of U.P. including the Principal Secretary.
So far as the order dated 11.3.2015 is concerned, we find that the petitioner, while being posted as Executive Engineer, Gramin Abhiyantran Seva Prakhand, Lalitpur was also required to discharge after the office of Executive Engineer, Pradhanmantri Gramin Sadak Yojana. The order records that there has been lack of devotion on the part of the petitioner in respect of the work to be undertaken under the Pradhanmantri Gramin Sadak Yojana has suffered.
For the said reason, Sri S.B.Gupta, Assistant Engineer, Gramin Abhiyantran Seva Prakhand, Lalitpur has been directed to look after the work of Executive Engineer, Gramin Abhiyantran Seva Prakhand, Lalitpur.
This necessarily leads to a situation where the petitioner would continue to work as Executive Engineer in Gramin Abhiyantran Seva Prakhand, Lalitpur, the original place of posting.
We are of the considered opinion that the taking away of the additional charge from the petitioner, in the facts of the case cannot be said to be arbitrary in any manner. The petitioner continues to hold his original post. So far as the order dated 13.3.2015 is concerned, is contained directions for compliance of the order dated 11.3.2015 referred above.
We do not find any good ground to interfere with the orders impugned. So the other references are concerned the same are in the nature of complaints.
In the facts of the case, we do not find any good ground to issue any mandamus.
The writ petition is, therefore, dismissed.
Order Date :- 28.8.2015
Ashish Pd.
