Sugar Singh vs State Of U.P. And 2 Others
2022 Latest Caselaw 8732 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 37
 

 
Case :- WRIT - A No. - 11098 of 2022
 
Petitioner :- Sugar Singh
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Jugal Kishor Khanna,Sunil Kumar Saroj
 
Counsel for Respondent :- C.S.C.
 
Hon'ble Manish Mathur,J. 

Heard learned counsel for petitioner, learned State counsel appearing on behalf of respondent no.1 and Mr. Raghvendra Pratap Singh, learned counsel appearing for respondent no.2.

In view of order being proposed to be passed, notices to respondent no.3 stand dispense with.

Petition has been filed seeking a direction to respondent to take final decision with regard to inquiry being conducted against respondent no.3 who is working on the post of Assistant Teacher in the Institution concerned.

Learned counsel for respondent no.2 has raised a preliminary objection regarding maintainability of petition at the behest of a complainant. It is submitted that there is no grievous injury being caused to petitioner who is not aggrieved by in continuance of respondent no.3 and even otherwise public interest litigation is not permissible in service matter. Upon instruction he submits that even otherwise an inquiry is already pending against the respondent no.3

Considering the aforesaid facts and particularly with regard to judgment rendered by Hon'ble the Supreme Court in the case of Ayaaubkhan Noorkhan Pathan v. State of Maharashtra reported in (2013)4 SCC 465; the petition is not maintainable at the behest of a complainant without indicating any prejudice being caused to him. A perusal of memorandum of petition does not indicate any prejudice being caused to petitioner nor does it indicate as to how the petitioner is an aggrieved party. It is also submitted that inquiry has been instituted against respondent on the basis of complaint made by petitioner.

Clearly the petition is covered by the aforesaid judgment rendered by Hon'ble the Supreme Court as well the fact that inquiry is already pending against respondent no.3.

Accordingly, the petition being devoid of merit is dismissed.

Order Date :- 1.8.2022

Subodh/-