Raj Kumar Sharma v. State of U.P. through Prin. Secy., Deptt. of Environment, Forest, Climate Change, Lko. and 6 Others

Allahabad HC10 Jul 2024WRIA/5166/2024

Case brief

AI extract

What is this about?

Writ petition by a serving Ranger challenging an order granting sanction to prosecute him, contending he was not heard and investigation was incomplete. Court issued notice for short counter affidavit within two weeks and listed the matter fresh on 26.07.2024; nothing was decided at this stage.

What the court decided

AI extract

Raj Kumar Sharma vs State of U.P. through Prin. Secy., Deptt… — Corruption | Allahabad HC (2024)

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Court No. - 4

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Case :- WRIT - A No. - 5166 of 2024

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Petitioner :- Raj Kumar Sharma Respondent :- State Of U.P. Through Prin. Secy., Deptt. Of Environment, Forest, Climate Change, Lko. And 6 Others Counsel for Petitioner :- Sajjad Husain,Dinesh Chandra Chhokra Counsel for Respondent :- C.S.C.

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Hon'ble Rajesh Singh Chauhan,J.

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1. Heard Sri Sajjad Husain, learned counsel for the petitioner and Ms. Parul Bajpai, learned Additional Chief Standing Counsel for the State-respondents.

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2. This petition has been filed through E.mode and learned counsel for the petitioner has provided a photocopy of hard copy of the writ petition, the same is taken on record. Office is directed to send the photocopy of the petition to the Court as and when the case is listed next.

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3. By means of this writ petition, the petitioner has prayed for the following reliefs:-

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"(I) to issue a writ, order or direction in the nature of certiorari to quash the sanction granted by the opposite party No.2 vide order dated 06.03.2024, as contained in Annexure No.1 to the writ petition, in the interest of justice.

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(II) to issue a writ, order or direction in the nature of mandamus commanding and directing to the opposite parties more specifically opposite party No.2 to reconsider the matter after affording the petitioner a fair opportunity to be heard and after duly considering all material facts of the case in the interest of justice."

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4. Learned counsel for the petitioner has stated that before affording proper opportunity of hearing to the petitioner and without verifying the relevant fact as to whether any cogent material or evidence has been found against the petitioner, who is serving on the post of Ranger and also without completion of investigation against the petitioner, the Principal Chief Conservator of Forest/ Head of the Department, U.P., Lucknow vide the impugned order dated 06.03.2024 has given sanction to prosecute the petitioner if he is found guilty in the issue in question.

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5. Learned counsel for the petitioner has further submitted that the aforesaid opportunity should be provided to the petitioner in

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conformity with the provisions of Section 19 of the Prevention of Corruption Act, 1988.

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6. Let the short counter affidavit be filed within a period of two weeks.

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7. List this case on 26.07.2024 as fresh.

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[Rajesh Singh Chauhan,J.]

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Order Date :- 10.7.2024 Suresh/

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Digitally signed by :- SURESH CHANDRA High Court of Judicature at Allahabad, Lucknow Bench

Raj Kumar Sharma v. State of U.P. through Prin. Secy., Deptt. of Environment, Forest, Climate Change, Lko. and 6 Others

Case brief

What is this about?

What the court decided

Raj Kumar Sharma v. State of U.P. through Prin. Secy., Deptt. of Environment, Forest, Climate Change, Lko. and 6 Others

Case brief

What is this about?

What the court decided

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Statutes considered

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