Mohd. Akram vs State Of Uttarakhand And Others
2022 Latest Caselaw 1200 UK

IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL


              JUSTICE SHRI MANOJ KUMAR TIWARI

                                            AND

          JUSTICE SHRI RAMESH CHANDRA KHULBE


              WRIT PETITION (PIL) No.43 OF 2022

                             13TH APRIL, 2022


Between:

Mohd. Akram.                                                        ...... Petitioner

                                            Vs.

State of Uttarakhand and Others                                     ...... Respondents


Counsel for the petitioner             :        Mr. Sanjay Kumar, the learned counsel.

Counsel for the respondent nos.1 to 4 . :       Mr. J.C. Pandey, the learned Standing Counsel
                                                for the State.




Upon     hearing      the    learned        Counsel,         the    Court     made       the
following


JUDGMENT : (per Sri Manoj Kumar Tiwari, J.)

              According to the petitioner, he made a complaint to

District Magistrate, Udham Singh Nagar regarding corruption

and siphoning of public money by Municipal Authorities, on

which a inquiry committee was constituted vide order dated

15.03.2021. Grievance of the petitioner is that no progress is

made in the inquiry ordered by District Magistrate.



                                            1
 2.         By means of this Writ Petition, petitioner has sought

the following reliefs:-

                    "i) issue a writ, order or direction in the
               nature of mandamus commanding/directing the
               respondent    no.1   &       2   to   constitute   an
               independent agency or to constitute SIT to
               inquire the matter and submits its report before
               this Hon'ble Court within the stipulated time
               bound period as deemed fit to this Hon'ble
               Court, so that the culprits may be punished.
                    ii) issue a writ, order or direction in the
               nature of mandamus commanding/directing the
               respondent no.3 and 4 to submit the report of
               the inquiry in the aforesaid matter through the
               committee already constituted by respondent
               no.3 vide order dated without lingering on the
               matter, within the stipulated time bound period
               as deemed fit to this Hon'ble Court and to take
               proper action against the culprits/wrong doers.
                    iii) issue any other appropriate writ, order
               or direction which this Hon'ble Court may deem
               fit and proper under the circumstances of the
               case.
                    iv) award the costs of the petition in
               favour to the petitioner."


3          Having regard to facts and circumstances of the

case, we are of the considered opinion that ends of justice

would be met if the District Magistrate is directed to take

necessary steps for expediting the inquiry.


                               2
 4.           Accordingly, the writ petition is disposed of with the

direction to District Magistrate, Udham Singh Nagar to see to

it that the on-going inquiry is concluded, if already not

concluded, within eight weeks from the date of production of

a certified copy of this order.

5.           It goes without saying that the persons against

whom allegations were made, shall also be given reasonable

opportunity of hearing by the inquiry committee.



                                       ___________________
                                       MANOJ KUMAR TIWARI, J.

______________ RAMESH CHANDRA KHULBE, J.

Dt: 13TH APRIL, 2022 BS/SS