In a PIL alleging financial irregularities by a Block Pramukh, the Allahabad High Court's Chief Justice's Court held that the petition is not maintainable as the accused has not been impleaded. The writ petition was dismissed.
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Neutral Citation No. - 2023:AHC:182302-DB
Chief Justice's Court
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 1735 of 2022
Petitioner :- Sarvesh Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Manoj Kumar Counsel for Respondent :- C.S.C.
Hon'ble Pritinker Diwaker,Chief Justice Hon'ble Ashutosh Srivastava,J.
This petition has been filed alleging therein that Block Pramukh, Block Mortinganj, District Azamgarh, has committed financial irregularities to the tune of crores of rupees and in the inquiry finding has also been recorded against him. Though, the allegation has been levelled against him, but he has not been impleaded as party.
In view of above, we are not inclined to entertain the writ petition.
Accordingly, the writ petition is dismissed leaving it open to the petitioner to file better drafted petition.
Order Date: - 20.9.2023 CS/-
(Ashutosh Srivastava, J.) (Pritinker Diwaker, C.J.)
Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether a writ petition alleging financial irregularities against a Block Pramukh is maintainable when the alleged offender is not impleaded as a party.
Whether the High Court should entertain a Public Interest Litigation filed by an individual petitioner against a public servant who has not been brought on record.
Sarvesh Kumar
State Of U.P.
Pritinker Diwaker
Ashutosh Srivastava
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
