WPMS/1288/2021
2021 Latest Caselaw 2300 UK

     IN THE HIGH COURT OF UTTARAKHAND
                           AT NAINITAL
               ON THE 8TH DAY OF JULY, 2021
                                 BEFORE:
     HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI

             Writ Petition (M/S) No. 1288 of 2021

 BETWEEN:
       Anuj Gupta                                          .....Petitioner
       (By Mr. Shobhit Saharia, Advocate)

 AND:
       State of Uttarakhand & others                 .....Respondents
       (By    Mr.   T.S.   Phartiyal,   Addl.   C.S.C.   for   the   State   of
       Uttarakhand/respondent nos. 1 to 4 and Mr. Bhuwan Bhatt,
       Advocate for respondent no. 5)

                              JUDGMENT

Heard learned counsel for the parties through video conferencing.

2. According to the petitioner, he is elected Chairman of Nagar Palika Parishad, Mussoorie. He is aggrieved by the complaints made against him by certain individuals and also the order passed by Sub Divisional Magistrate, Mussoorie on such complaints, for holding inquiry.

3. By means of this writ petition, petitioner has sought the following reliefs:-

"a) Issue a writ, order or direction in the nature of certiorari quashing the directions dated 11-6-2021, while declaring it to be non-est in the eyes of law and order dated 14-6-2021 passed by respondent no. 3 and order dated 19-6-2021 passed by respondent no. 4 and all consequential proceedings, undertaken against the petitioner behind his back, dehors the law and statutory provisions contained in U.P. Municipalities Act, 1916, as adopted, modified and amended in the State of Uttarakhand.

b) Issue a writ, order or direction in the nature of certiorari quashing the inquiry proceedings undertaken by respondent no. 2, and order dated 1- 04-2021.

c) Issue a writ, order or directions in the nature of Mandamus commanding the Respondent no. 1 to initiate appropriate disciplinary proceedings against respondent no. 5, for the malafide, illegal and arbitrary actions taken by him and committing breach of directions issued by respondent no. 2, and continuing to violate the directions, on the basis of directions, as received from higher level, which is unknown, under the Constitution and is in breach of Rule of law."

4. A complaint made against an individual, be it a government servant or an elected representative, cannot be challenged before a writ Court unless it entails civil or evil consequences to him.

5. Since no order prejudicing the rights of the petitioner has been passed, therefore, this Court is not inclined to entertain the writ petition at this stage.

6. Accordingly, the writ petition is dismissed as premature. No order as to costs.

(MANOJ KUMAR TIWARI, J.) Navin