Allahabad High Court
Mahmood Ahmad Khan vs U.P. State Legal Services ... on 28 June, 2022
Bench: Sangeeta Chandra, Om Prakash Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- WRIT - A No. - 3947 of 2022
Petitioner :- Mahmood Ahmad Khan
Respondent :- U.P. State Legal Services Authority , Lucknow Thru. Its Executive Chairman And Others
Counsel for Petitioner :- Kaustubh Singh
Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sangeeta Chandra,J.
Hon'ble Om Prakash Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State-respondents.
This writ petition has been filed for quashing of the impugned order dated 27.05.2022 issued on behalf of the opposite party no.2 by the opposite party no.3 and also letter dated 28.05.2022 issued by the opposite party no.4 by which the petitioner has been asked to face regular inquiry. The petitioner has also prayed for quashing of the charge sheet dated 05.04.2021, issued in Final Non-Judicial Inquiry No.01 of 2020.
It is the case of the petitioner as argued by the learned counsel on his behalf that the petitioner was appointed on the post of Chairman of Permanent Lok Adalat in District Unnao on 17.07.2017. One Kamlesh Kumar Dixit has also been appointed as one of the Member of the Permanent Lok Adalat. Under Section 22-A (Chapter VIA) of the Legal Services Authorities Act, 1987, Members of the Permanent Lok Adalat are under overall administrative control of the State Legal Services Authority and its Chairman.
The petitioner had earlier made a complaint of irregularities committed by Kamlesh Kumar Dixit, the Member of the Permanent Lok Adalat, Unnao. Because of annoyance at the petitioner, Kamlesh Kumar Dixit made a false complaint before the U.P. State Legal Services Authority, Lucknow on 28.01.2020. The opposite party no.2 sent a copy of the complaint of Kamlesh Kumar Dixit to the petitioner and sought his comments on 04.02.2020. The petitioner submitted a detailed parawise reply on 02.03.2020 denying all the allegations. However, the opposite party no.2 on 03.09.2020 ordered that preliminary inquiry be conducted by Officer-on-Special Duty, U.P. State Legal Services Authority, Lucknow. The petitioner attended the inquiry but his case was not considered in the right perspective. On the basis of misconceived preliminary inquiry report, final inquiry has been instituted against the petitioner on 19.03.2021 and the District Judge, Unnao has appointed as an Enquiry Officer. The District Judge, Unnao has sent a proposed charge sheet against the petitioner which has also been approved by the Chairman of State Legal Services Authority.
In the meantime, the petitioner has been transferred as Chairman, Permanent Lok Adalat, Lakhimpur Kheri and he has also joined there. The petitioner challenged the order dated 19.03.2021 by which the final inquiry has been instituted against him by filing a Petition No.12687 of 2021. Such petition was withdrawn subsequently and the petitioner filed another Writ Petition No.14124 of 2021, which is pending consideration before this Court.
The petitioner had preferred a detailed representation to the Chairman of State Legal Services Authority praying for withdrawal of the final inquiry instituted against him and the charge sheet. However, without considering all the facts as mentioned in his detailed representation, the same has been rejected by an order dated 27.05.2022, which has been communicated to him by the Member Secretary of State Legal Services Authority. Consequently, this petition has been filed.
Having heard learned counsel for the petitioner and having considered the judgment relied by him namely Ministry of Defence and others vs. Prabhash Chandra Mirdha (2012) 11 SCC, 565, this Court is of the considered opinion that regular charge sheet having been issued to the petitioner after its approval by the Competent Court, it would be appropriate for the petitioner to submit a detailed reply to the charge sheet. The charge sheet issued to the petitioner does not infringe any of his right.
Accordingly, this petition stands dismissed.
Order Date :- 28.6.2022
Monika
