Petition seeking writ of Certiorari to quash District Magistrate's order regarding inquiry, and Mandamus to halt inquiry, dismissed due to lack of merit and presence of earlier order on same cause of action.
Claim for quashing of order dated 24.12.2020 and for halting inquiry dismissed as petition lacked merit.
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Court No. - 37
Case :- WRIT - C No. - 407 of 2021
Petitioner :- Smt. Kiran Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vinay Kumar Singh,Ajay Kumar Singh Yadav,Sr. Advocate O.P. Singh
Counsel for Respondent :- C.S.C.,Sanjeev Singh,Suresh Bahadur Singh
Hon'ble Rajiv Joshi,J.
Heard Sri O.P. Singh, learned Senior counsel assisted by Sri Vinay Kumar Singh, learned counsel for petitioner, Sri Sanjeev Singh, learned counsel for respondent no.5 and learned Standing counsel for State-respondents.
Petitioner in the present case has merely prayed for the following relief:-
"I. Issue a writ, order or direction in the nature of Certiorari quash the impugned order dated 24.12.2020 passed by Respondent No. 2, District Magistrate, Jaunpur which is annnexed a Annexure No. 8 to writ petition.
II. Issue a writ, order or direction in the nature of Mandamus command the inquiry officer/ Respondent No. 4/Assistant Comissioner and Assistant Registrar, Cooperative, Jaunpur, not to make any inquiry against the petitioner in view of impugned order dated 24.12.2020 passed by Respondent no. 2, District Magistrate, Jaunpur."
It is submitted by learned counsel for petitioner that the fresh inquiry for the same cause of action is nothing but for harassing the petitioner.
Learned counsel for respondent submits that it is a case of embezzlement of public funds and by the earlier order passed by this Court in Writ-C No. 17392 of 2020 dated 2.11.2020 direction was issued to District Magistrate to taken necessary action, in accordance with law.
In view of the above, there appears to be no illegality or infirmity in the order impugned. The writ petition lacks merit and is accordingly, dismissed.
Order Date :- 22.1.2021 S.K.
Smt. Kiran Singh
State Of U.P.
Rajiv Joshi
As recorded by the court registry
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