Heard Sri H v. Shastri

Hon'ble Pritinker Diwaker,J. Hon'ble Ashutosh Srivastava,J. The writ petitioner, who claims himself to be the Vice President, City West of Antarashtriya Manavadhikar Association, has filed this writ petition for quashing the enquiry report dated 26.02.2021 submitted by the Project Officer, DUDA, Prayagraj and further to suspend the Respondent Nos. 4 & 5 during the enquiry period and further to conclude the enquiry on his complaint dated 22.01.2021. Heard Sri H. V. Shastri, learned Counsel for the petitioner, learned Standing Counsel for the Respondent Nos.1 & 2 an Sri Santosh Singh, learned Counsel for the Respondent No.3. Learned Counsel for the petitioner submits that his complaint filed against the Public Officer has not been disposed of in accordance with the extent of Government Order issued with regard to disposal of the complaint made against the Public Officers. It is further submitted that initially the District Magistrate forwarded the complaint to Officer concerned for disposal ignoring the fact that the complaint was made against her only and the Officer concerned could not have decided the same. When this fact was brought to the knowledge of the District Magistrate, he vide order dated 09.02.2021 called for the fresh report. Thereafter, the Junior Engineer submitted the report, who is junior to the Project Officer and now the said complaint has been disposed of. He further submitted that as per the Government Order dated 08.02.2018, the complaint should have been enquired into by an Officer at least one rank higher than the Public Officer against whom the complaint has been made, who in the present case would be the District Magistrate himself. Learned Standing Counsel submits that the District Magistrate, Prayagraj vide letter dated 07.07.2021 has sought report regarding the subject matter. In pursuance thereof the Municipal Commissioner, Prayagraj vide order dated 17.07.2021 has constituted an Enquiry Committee to submit its report pursuant to the complaint which was made regarding the work done by the District Urban Development Agency (DUDA) Prayagraj for construction of some work at Meerapatti and Dhoomanganj. The Enquiry Committee has submitted its report dated 24.07.2021 and the material testing report by the third party agency is still awaited. Learned Counsel for the Respondent No.3 submits that the learned Counsel for the petitioner and petitioner both are resident of the same locality. The learned Counsel for the petitioner had earlier filed the writ petition for the same cause of action which has been dismissed and recall application has also been dismissed. The petitioner himself filed the successive PIL with no results and has earlier moved three complaints regarding the same cause of action, which has been disposed of and now the fourth complaint has been filed with malafide intention only to harass the Public Officer. Having heard the learned Counsel and perused the record. Initially Smt. Vartika Singh, Project Officer, DUDA, Prayagraj and Sri Lal Pratap Singh, Jr. Engineer, DUDA, Prayagraj, were arrayed as Respondent Nos.4 & 5, however, vide order dated 27.07.2021 the Court directed the deletion of names of Respondent Nos.4 & 5 from the array of parties as malafide were alleged in the pleadings. Records reveal that earlier Counsel Sri Harsh Vardhan Shastri, Advocate, in his personal capacity filed Writ (C) No.12853 of 2020 (Harsh Vardhan Shastri, Advocate Vs. State of U.p. & 4 others) praying for following relief:- "(i) Issue a writ, order or direction in the nature of mandamus directing the Respondent Nos.3 & 4 to complete the road construction nala with both side water channel in same direction with good quality material and by following the relevant provisions of U.P. Water Supply and Sewerage Act, 1975 and in accordance with law." The aforesaid writ petition was dismissed by the Hon'ble Court vide judgment and order dated 23.09.2020 and recall application against the same was also dismissed. After being unsuccessful in the writ proceedings the petitioner filed complaint dated 19/20.10.2020 on IGRS levelling allegations against the Contractor in construction of road and drain in locality at Chak Meerapatti and Dhoomanganj, Prayagraj. Thereafter, the petitioner filed complaint with same allegation on 28.10.2020 on IGRS Portal. The petitioner filed third complaint regarding the same subject matter on 08.11.2020. Being unsuccessful the petitioner filed PIL being PIL No.1250 of 2020 in which the Hon'ble Court directed the learned Counsel to file counter affidavit vide order dated 07.12.2020. During the pendency of the PIL, the petitioner filed another PIL being PIL No.1560 of 2020 regarding the same subject matter which was dismissed as withdrawn vide order dated 05.01.2021 by the Hon'ble Court. During the pendency of the PIL, the petitioner has moved his fourth complaint regarding the same subject matter on 22.10.2021 on IGRS Portal levelling allegations against the Officer and the Lawyer of this Court. Record reveals that the petitioner is involved in moving successive complaints against the Public Officer and has also filed successive writ petitions before this Hon'ble Court. Being unsuccessful, the petitioner has now filed the fourth complaint dated 22.01.2021 against the Public Officer and her husband, who happens to be the Panel Lawyer of the Department. Having perused the record, it is apparently clear that the petitioner and his Counsel Sri Harsh Vardhan Shastri are hand in glove and have misused the legal process, which is deplorable and is hereby deprecated and we warn the Counsel to be cautious in future. Even otherwise, the petitioner has sought quashing of Enquiry Report dated 26.02.2021 but no such enquiry report is on record and by way of Annexure-3 only IGRS Portal report has been filed. For the reasons discussed above, we do not find any merit in the case and the writ petition is, accordingly, dismissed. Order Date :- 19.4.2022 (Ashutosh Srivastava,J.) (Pritinker Diwaker,J.) SINGH Reason: Location: High Court of Judicature at Allahabad