U.P.Vidhan Sabha Sachivalaya Karmachari Sangh vs State of U.P.& Anr.

Sri P. N. Gupta files power on behalf of opposite party No. 2.

Sri R.K. Jaiswal, learned Counsel appearing for the petitioner states that this writ petition is in the nature of public interest litigation. The petitioner claims that it is an association of employees working in Uttar Pradesh Vidhan Sabha Secretariat and Sri Lal Ratnakar Singh alleges himself to be its Adhyaksh. The opposite parties are State of U.P. and the Secretary, Vidhan Sabha Sachiwalaya. The prayer made in this writ petition is that the State of U.P. be directed to get an enquiry made by an independent and competent agency in the matters alleged in this writ petition and to submit the enquiry report before this Court within a fixed time. It is alleged in the petition that several appointments on the post of Peon and Clerks have been made by the opposite party No. 2 against rules. Similarly, House Rent Allowance has been paid to both the husband and wife while they are residing in the same house. It is also said that the appointments to the post of Information Officer and Personal Assistant have also been made against rules. Probably, the Speaker may be the appointing authority of some of these posts. It is also alleged that waste Newspapers are being disposed of in an arbitrary manner and the log books of the cars are also being wrongly maintained. Appointments under the Dying in Harness Rules have also not been made correctly and the work of the Telephone Operators is being wrongly taken by the Lower Divisional Assistants. In short, the writ petition is for holding a detailed enquiry against the Secretariat of the Speaker.

The care taken in drafting and presenting this writ petition is that the writ petition is totally unsigned. We dismiss this writ petition on this ground alone. Apart from this, it is not open to this Court to order an enquiry by the State in the Secretariat of the speaker. Such a random enquiry cannot be permitted to be made. The petition lacks substance which is dismissed with Rupees 2, 000 (Rupees Two thousand only) as special costs which shall. be paid by the petitioner to the Legal Aid Society of the High Court within a week from today failing which the opposite party No. 2 is directed to recover the same from the petitioner and deposit as directed.