In a writ petition challenging a decision to drop an inquiry against a Gram Pradhan, the court held that the High Court cannot interfere with the findings of the Three Members' Committee when no substantial material or legal basis is presented to overturn the inquiry report.
Petition dismissed as prayer was rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 34
Case :- WRIT - C No. - 39715 of 2022
Petitioner :- Shivnarayan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Satyvrat Tripathi Counsel for Respondent :- C.S.C.,Ashok Kumar Singh
Hon'ble Saurabh Shyam Shamshery,J.
Petitioner, a villager, made a complaint against respondent No.4 (Gram Pradhan) regarding alleged irregularities.
An inquiry was conducted and three Members' Committee considered inquiry report and by a reasoned order dropped inquiry on basis of explanation afforded by Pradhan and material on record.
Sri Satyvrat Tripathi, learned counsel for petitioner submits that certain irregularities were pointed out in inquiry report, however, ignoring same, three Members' Committee has exonerated respondent No.4 erroneously.
Learned Standing Counsel for State and Sri Ashok Kumar Singh, learned counsel for respondent No.4 submit that since inquiry was conducted and nothing adverse was found against petitioner, therefore, only on basis of vague allegations and submissions, inquiry cannot be considered to be erroneous.
In order to appreciate rival submissions, I have carefully perused report as well as impugned order.
In inquiry report, allegations were considered and explanation was sought, thereafter, no irregularity was found. Subsequently, three Members' Committee had also appreciated the inquiry report as well as other materials, however, it was found that there was no substantial material to proceed against respondent no.4 and inquiry was dropped.
Petitioner is trying to contradict findings of inquiry report as well as report of three Members' Committee only on basis of vague arguments unsupported by any substantial material or document. Therefore, in absence of such material, Court cannot interfere with findings of inquiry report duly conducted by three Members' Committee.
Since petitioner has not able to show any legal basis to interfere with inquiry report, prayer made in this writ petition is liable to rejected, hence, rejected.
Petition stands dismissed .
Order Date :- 7.2.2023 Nirmal Sinha
Digitally signed by :- NIRMAL SINHA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the High Court can interfere with the finding of the Three Members' Committee that dropped the inquiry due to absence of substantial material.
Shivnarayan
State Of U.P.
Respondent No. 1
Respondent No. 2
Respondent No. 3
Respondent No. 4 (Gram Pradhan)
Saurabh Shyam Shamshery
Nirmal Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
