High CourtsSingle Bench(2021) 04 UK CK 0021

Shailendra Ghai vs State Of Uttarakhand & Others

Uttarakhand High Court · Decided on 6 April 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 820 Of 2021

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Judgment

7 paragraphs · 317 words

Manoj Kumar Tiwari, J

1.

By means of this writ petition, petitioner has sought following reliefs:

"A. To issue a writ or direction in the nature of certiorari quashing the decision dated 09-11-2020 taken by the respondent no. 1 to exonerate the respondent no. 3 without conducting any inquiry communicated to the petitioner vide letter dated 14-12-2020 (contained as Annexure no. 11 to the writ petition).

B. To issue a writ or direction in the nature of mandamus commanding the respondent no. 1 to initiate appropriate departmental proceedings against respondent no. 3 and to lodge appropriate FIR against respondent no. 2, 3 and others for the commission of the criminal offences as recommended by the director vigilance vide its recommendation dated 30-10-2019."

2.

According to the petitioner, respondent no.3 was posted as Tehsildar, Kashipur at the relevant point of time, when the mutation application filed by respondent no. 3 was decided. Learned counsel for the petitioner submits that certain interpolations were made in the record with the active connivance of respondent no. 3 and State Vigilance Department had recommended lodging of F.I.R. against respondent no. 3. Since the State Government has now decided to drop the proceedings against respondent no. 3, therefore, petitioner has challenged the decision so taken by the State Government for dropping the proceedings.

3.

In the humble opinion of this Court, the petitioner has no locus standi to maintain this writ petition. Whether any action deserves to be taken against a Government Servant or not is exclusively within the domain of the State Government, which is the employer. The State Government, after due consideration of all relevant aspects, has decided to drop the proceedings.

4.

In such view of the matter, this Court is not inclined to entertain this writ petition and the same is hereby dismissed. However, petitioner shall be at liberty to approach the appropriate forum for redressal of his grievance.