Uttarakhand High Court
WPPIL/110/2021 on 29 December, 2021
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
SRI JUSTICE S.K. MISHRA, A.C.J.
AND
SRI JUSTICE N.S. DHANIK, J.
WRIT PETITION (PIL) NO. 110 OF 2021
29TH DECEMBER, 2021
BETWEEN:
S.K. Singh .....Petitioner.
And
State of Uttarakhand & others ....Respondents.
Counsel for the Petitioner : Mr. Kishore Kumar, learned
counsel.
Counsel for the Respondents : Mr. K.N. Joshi, learned Deputy
Advocate General for the State.
Upon hearing the learned Counsel, the Court made the
following
JUDGMENT: (per SRI S.K. MISHRA, A.C.J.)
This writ petition has been filed with the following
prayers:-
"i. Issue a writ, order or direction in the nature of
mandamus directing the respondents (specifically
respondent no.4 and 5) to complete the vigilance inquiry
(Annexure No.1) initiated against the respondent no.9 in
respect of corruption and disproportionate assets within
stipulated time because the private respondent no.9
being Public Servant misused his powers and siphoned
off the public money, the Hon'ble Court may call the
entire records from the respondents in this regard or in
alternate pass any appropriate orders keeping in view of
the facts highlighted in the body of the petition or mould
the relief appropriately.
ii. Issue a writ, order or direction in the nature of
mandamus directing the respondent no.2 and 3 to
recover an amount Rs.7,00,420/- with interest from the
respondent no.9 in terms of noting dated 12.10.2018
and 22.03.2019, letter dated 26.03.2019, 05.11.2020
and 21.01.2021 (Annexure Nos.2, 3 and 4 to the PIL
Petition).
iii. Issue a writ, order or direction in the nature of
mandamus directing the respondent nos.6 and 7 to
complete the investigation of FIR No.21/2019, registered
against the respondent no.9 under Section 409, 420,
468, 166, 166-A, 477-A of IPC, and Section 13(1) read
with Section 13(2) of Prevention of Corruption Act, 1998
(amended Section 17A of 2018 Amendment Act) at P.S.
Dalanwala, District Dehradun within stipulated time to
submit action taken report before this Hon'ble Court.
iv. Issue writ, rule or directions appropriate in
nature in respect of the investigation by SIT in respect of
wrong and corrupt practice of private respondent no.9
being public officer or to pass any appropriate orders
keeping in view of the facts highlighted in the body of
the petition or mould the relief appropriately and to
allow the petition in toto".
2. Keeping in view the fact that the vigilance inquiry
takes a lot of time, especially in cases of corruption and
disproportionate assets, punishable under Section 13(1)(e) of
the Prevention of Corruption Act, 1988, a lot of material has
to be collected, a mandamus should not be issued at this
stage without having a clear picture in the shape of synopsis
that was directed to be filed by the learned counsel for the
petitioner by order dated 14.07.2021.
3. However, the writ petition is disposed of directing
the respondent-State to conclude the vigilance inquiry against
the private respondent, as expeditiously as possible.
4. Urgent certified copy of this order be granted on
proper application.
(S.K. MISHRA, A.C.J.)
(N.S. DHANIK, J.)
Dated: 29th December, 2021
NISHANT
