Court No. - 38 Case :- WRIT - A No. - 70600 of 2009 Petitioner :- Harendra Kumar Masih Respondent :- State Of U.P. & Others Petitioner Counsel :- Arvind Srivastava,Pushkar Srivastava Respondent Counsel :- C. S. C. Hon'ble Amreshwar Pratap Sahi,J.
Heard Shri Arvind Srivastava, learned counsel for the
petitioner and Shri M.C. Chaturvedi, learned Chief Standing
Counsel.
The matter had been taken up yesterday calling upon the
learned standing counsel to obtain instructions as to under
which authority the District Magistrate proceeded to take
action, about which complaint has been made in the present
writ petition.
Learned counsel for the petitioner has also invited the
attention of the Court to the order of the District Magistrate
dated 26th December, 2009 whereby a Committee has been
constituted for the purpose of holding an inquiry on certain
allegations.
Learned standing counsel has obtained the instructions
today and the Court has been informed that the District
Magistrate proceeded on the basis of an order issued by the
Commissioner, Jhansi Division, Jhansi on a complaint made
by some persons. It is on the strength of such directions of
the Commissioner that the District Magistrate has proceeded
to pass the order.
The Court wanted to know as to what is the nature of
proceeding instituted and under what powers in law for the
time being in force were exercised by the District Magistrate.
Learned Chief Standing Counsel states that it appears that it
was only a routine complaint, about which inquiry was made
but there is no power with the District Magistrate or the
Commissioner to hold such an inquiry as is sought to be
done in the present matter.
It is therefore prima facie evident that the Commissioner and
the District Magistrate both have exceeded their jurisdiction
by proceeding in the manner in the present controversy.
Accordingly, the Commissioner-respondent no. 2 and the
District Magistrate-respondent no. 3 shall file their personal
affidavits before this Court to explain as to why action be not
taken against them for having proceeded without having any
authority in law in such matters. The affidavit may be filed
within two weeks.
The matter shall be listed on 25th January, 2010.
Until further orders of this Court, the Commissioner and the
District Magistrate as well as their subordinate authorities
are restrained from taking any action in respect of the
alleged complaint and in respect of the inquiry under the
order dated 26th December, 2009.
Any breach of this order shall be taken very seriously.
A copy of this order shall be communicated to the Chief
Secretary of the State of U.P. for his information.
Order Date :- 6.1.2010
Akv