Allahabad High Court
Jitendra Singh Yadav vs Union Of India And Another on 4 May, 2022
Bench: Vivek Kumar Birla, Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 40
Case :- WRIT - C No. - 12457 of 2022
Petitioner :- Jitendra Singh Yadav
Respondent :- Union Of India And Another
Counsel for Petitioner :- Anshul Kumar Singhal
Counsel for Respondent :- A.S.G.I.
Hon'ble Vivek Kumar Birla,J.
Hon'ble Vikas Budhwar,J.
Heard Sri Anshul Kumar Singhal, learned counsel for the petitioner and Sri Manoj Kumar Pandey, learned counsel appearing for both the respondents.
Present petition has been filed with the following prayer:-
"I. To issue a writ, order or direction in the nature of Certiorari calling for the records and to quash the declaration of respondents disqualifying the petitioner from being appointed as the Director in any complany for the period of five years. (Annexure NO. 1 to the Writ Petition) as well as the deactivation of DIN of the petitioner.
II. To issue a writ, order or direction in the nature of Mandamus directing the Respondents to reactivate the DIN No. 06455532 and DSC number of the Petitioner.
III. To issue a writ, order or direction in the nature of mandamus commanding and directing the respondents to restore the name of the petitioner on the rolls of the Director with the same identification number as it was prior to the disqualification action."
At the very outset, learned counsel for the petitioner submits that the question involved in the present petition is squarely covered by judgment of this Court dated 18.2.2020 passed in Writ C No. 5826 of 2020 (Imran Khan vs. Union of India and Another), which is quoted as under:-
"Heard Sri Vipin Kumar Kushwaha, learned counsel for the petitioner and Sri Purnendu Kumar Singh, learned counsel for respondents - 1 and 2.
By means of the present writ petition, the petitioner has prayed for quashing of the order by which the petitioner has been disqualified to continue as a Director of the Company and also allow him to use his Digital Signature Certificate and Director Identification Number (DIN).
Learned counsel for the petitioner has relied upon two judgments of this Court, one passed in bunch lead by Writ-C No.12498 of 2019 (Jai Shankar Agrahari and others Vs. Union of India) dated 16.01.2020 and other in Misc. Bench No.17069 of 2019 (Ariz Abbas Vs. Union of India & Others) dated 25.09.2019 and prayed that the issue raised in the instant petition is squarely covered and set at rest by the judgments aforesaid.
Learned counsel appearing for the respondents does not dispute the said fact.
The writ petition is accordingly disposed of in the same terms."
We have gone through the judgment rendered by coordinate Bench of this Court in the case of Jai Shankar Agrahari vs. Union of India and others, 2020 (3) ADJ 645.
Learned counsel for the respondent sought to argue the matter on the ground that the financial returns were not submitted by the petitioner, however, we find that all such questions have been considered in detail by coordinate Bench of this Court in the case of Jai Shankar Agrahari (supra).
In such view of the matter, we are not inclined to take a different view of the matter.
Accordingly, present petition stands disposed of in terms of the abovequoted order dated 18.2.2020.
Order Date :- 4.5.2022
Lalit Shukla
