Court under apprehension/presumption of the petitioners ought not to interfere in exercise of extraordinary jurisdiction under Article 226 of the Constitution of India, because it is too early, rather premature to tinker with the enquiry report dated 02.09.2016, unless, the rights of the petitioners being Government servants are adversely affected by any evil or civil consequences. Though, this Court would not like to interfere with the consequential action on the impugned enquiry report, but, if any future action would be taken by the respondents on the basis of the Vigilance Circular No. 1623, dated 07.08.2015, annexed as Annexure-7 to the I.A. No. 2631 of 2017, the petitioners shall be afforded reasonable opportunity, as enshrined in the aforesaid Circular, therefore, in the fitness of things without dwelling upon the nitty-gritty of the factual and legal aspects on the impugned enquiry report, interest of justice would be met, if a direction is issued to the respondents to take action in the event any action would be proposed to be taken basing on the enquiry report, the same be done after affording reasonable opportunity of hearing to the petitioners and in accordance with law.”
