Ruab Ali Khan vs State Of U.P. And 5 Others
2022 Latest Caselaw 2721 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 33
 

 
Case :- WRIT - A No. - 7158 of 2022
 

 
Petitioner :- Ruab Ali Khan
 
Respondent :- State Of U.P. And 5 Others
 
Counsel for Petitioner :- Furquan Ahmad (Alvi)
 
Counsel for Respondent :- C.S.C.,Anil Kumar Singh
 

 
Hon'ble Mrs. Manju Rani Chauhan,J.

Heard Mr. Furquan Ahmad (Alvi), learned counsel for the petitioner, Mr. Anil Kumar Singh, learned counsel for the respondent no.3 and learned Standing Counsel for the State-respondents.

By means of the present writ petition, the petitioner is seeking direction upon respondents to initiate the inquiry against the respondent no.6 and to decide the applications given by the petitioner against the respondent no.6 dated 08.07.2019 and 31.08.2019.

Learned counsel for the petitioner submits that petitioner is a life time member of the Institution namely, Ganna Vikas Inter College, Basti situated at Munderwa, District Basti. He further submits that on 25.10.2012, the respondent no.6 was appointed on the post of principal in the aforesaid institution on ad-hoc basis and without any requisition being sent on the said post, he is working as permanent Principal, therefore, he has prayed for an inquiry being conducted against respondent no.6 but nothing has been done, hence, the present writ petition has been filed.

Learned Counsel for the respondents have raised preliminary objection to the maintainability of the present writ petition by contending that the petitioner has no right or locus to file the present writ petition, as he is not aggrieved person. They further submit that petitioner being complainant is also not entitled to file any writ petition as he has no locus. In support of said plea, they have placed reliance upon the Division Bench judgment of this Court in the case of Amin Khan Vs. State of U.P. & Others reported in 2008 (2) UPLBEC 1256. They, therefore, submit that the present writ petition is liable to be dismissed. However, they also submit that the proper remedy available to the petitioner is to file a Public Interest Litigation.

In reply, the learned counsel for the petitioner could not dispute the aforesaid submissions made by the learned counsel for the respondents as well as the legal proposition relied upon by them herein above.

For ready reference, paragraph-14 of the Division Bench Judgment of this Court in the case of Amin Khan (Supra) reads as follows:

"14. In case he was a complainant, he could be, at the most, examined as witness in the inquiry but he cannot be permitted to become a party in the list. Thus, we are of the considered opinion that the petitioner does not have any locus standi to maintain the appeal, and the applicant for leave to appeal is liable to be rejected."

In view of the aforesaid, the present writ petition is accordingly dismissed.

Order Date :- 13.5.2022

Rahul.