A warrant diligently issued to the Office of the Chief Secretary, stating that the petitioner is not a complainant as he has not approached the investigating agency, and the writ petition shall be dismissed.
The writ petition was dismissed on the ground that the petitioner being a complainant had no locus to file the petition.
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Court No. - 38
Case :- WRIT - A No. - 5296 of 2020
Petitioner :- Sanjeev Kumar Atray Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Nand Lal Pandey,Suyash Pandey Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Bhatia,J.
The present petition has been filed by a complainant seeking the following reliefs:-
i) to issue a writ, order or direction in the nature of mandamus commanding the respondents not to give retiral benefits to the respondent no.6 and forfeit the retiral benefits and also recover the entire salary which has been paid to the respondent no.6 as Lecturer in English in Kisan Rashtriya Inter College, Chiraudi, District Ghaziabad;
ii) to issue any other such other and further writ, order or direction which this Hon'ble Court may deem fit and proper under the acts and circumstances of the case."
The contention of the counsel for the petitioner is that the respondent no.6 is being paid the retiral benefits totally contrary to law and at the instance of the petitioner, proceedings were initiated. Thus, the petitioner has filed the present writ petition.
The petitioner being a complainant has no locus to file the present petition.
The writ petition is dismissed.
Order Date :- 28.8.2020 Hasnain
Sanjeev Kumar Atray
State Of U.P.
Pankaj Bhatia
As recorded by the court registry
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