Jwala Singh vs State Of Up And 2 Others
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Allahabad High Court

Jwala Singh vs State Of Up And 2 Others on 1 July, 2024

Author: Mahesh Chandra Tripathi

Bench: Mahesh Chandra Tripathi

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:105605-DB
 
Court No. - 29
 

 
Case :- SPECIAL APPEAL No. - 556 of 2024
 

 
Appellant :- Jwala Singh
 
Respondent :- State Of Up And 2 Others
 
Counsel for Appellant :- Shivam Shukla,Vinod Kumar
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mahesh Chandra Tripathi,J.
 

Hon'ble Prashant Kumar,J.

1. Heard learned counsel for the appellant-petitioner and Sri Ambrish Shukla, learned Additional Chief Standing Counsel for the State-respondents.

2. The present intra-court appeal is preferred questioning the validity of the impugned judgment and order dated 01.05.2024 in Writ-A No.4383 of 2024 (Jwala Singh vs. State of U.P. and 2 others) passed by the learned Single Judge, who disposed of the writ petition, observing that the previous inquiry pertained to actions taken in the financial year 2022-23, whereas the current disciplinary proceedings relate to the financial year 2023-24. Despite the lists of beneficiaries being the same, the facts differ since the transactions occurred in different financial years. Therefore, this repetition might indicate fictitious beneficiaries or repeated payments to the same individuals, with entitled persons being consistently denied benefits each year.

3. Learned counsel for the appellant-petitioner states that as before the learned Single Judge, it was pressed that the present impugned disciplinary proceedings which resulted in the appellant's suspension, constitute double jeopardy as they are based on the same facts as a previous disciplinary inquiry, which was finalized with a minor punishment. He has placed reliance upon the order dated 30.06.2023 passed by the District Panchayat Raj Officer, Mathura, where the petitioner was warned for incorrectly granting benefits under the Pradhanmantri Awas Yojna to 114 ineligible villagers while denying benefits to 99 eligible villagers. He states that the impugned proceedings involve the same individuals as the previous inquiry, making both lists of 99 and 114 persons identical in both sets of disciplinary proceedings. Therefore, he claims that there is an infirmity in the impugned order dated 01.05.2024 passed by the learned Single Judge. He further states that the earlier proceedings have been concluded with a strict warning already issued to the appellant-petitioner.

4. Considering the facts and circumstances of the case, we are not inclined to entertain the special appeal. Needless to say that as the proceedings have already been finalized, it is open to the appellant to press the said proceeding in appropriate proceeding.

5. With the aforesaid leave, the special appeal is disposed of.

Order Date :- 1.7.2024

NLY