HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 17301 of 2022 Court No. - 32 HON'BLE SAURABH SHYAM SHAMSHERY, J. 1. This is the writ petition filed by the petitioner in the year 2022 essentially against the respondent no. 5 that an inquiry has already been initiated against him about his nature of the appointment. Therefore same may be concluded. 2. A preliminary objection is raised on behalf of counsel for respondent no. 5 that present writ petition is nothing but a public interest litigation, which is not permissible in service jurisprudence. 3. The Court takes note that in this present writ petition following relevant orders were passed on 31.10.2022, 28.11.2022 and 12.12.2022, which are referred hereinafter:- " 31.10.2022 Heard learned counsel for the petitioner, learned Standing Counsel for the State respondents and Sri Birendra Prasad Shukla learned counsel for respondent No.3. Submission of learned counsel for the petitioner is, respondent Director Higher Education has turned a blind eye to the enquiry report dated 01.10.2018 that found true serious allegations made against the appointment of respondent No. 5 and others. Sri S.P. Sharma learned Additional Chief Standing Counsel prays and is granted three weeks' time to obtain clear written instructions as to what action has been initiated pursuant to submission of above enquiry report and why, if at all, such delay has remained unaddressed for four years. Put up as fresh on 28.11.2022. In the meantime, it is left open to the respondents to initiate appropriate action." "28.11.2022 Versus Counsel for Petitioner(s) : Awadhesh Kumar Singh, Pramod Kumar Pandey Counsel for Respondent(s) : Alok Mishra, Birendra Prasad Shukla, C.S.C., Gagan Mehta, Manoj Kumar Singh Kamlesh Singh .....Petitioner(s) State Of U.P. And 4 Others .....Respondent(s) Heard learned counsel for the parties. Upon instructions, Shri S.P. Sharma, learned Additional Chief Standing Counsel states, there are three enquiry reports dated 1.10.2018, 2.2.2019 and 21.09.2020. At present, the matter has been referred to the State Government for further action to be taken. That reference has been made on 9.9.2022. Almost three months have passed since then. Appropriate decision ought to have been made by now. Put up as fresh on 12 December 2022 to enable learned Additional Chief Standing Counsel to make clear statement as to the final decision made." "12.12.2022 Pursuant to last order, Shri Ajay Singh, learned Additional Chief Standing Counsel states, on 10.12.2022, the matter has been referred to the Vigilance Department in view of the contradictions in the three enquiry reports dated 1.10.2018, 2.2.2019 and 22.9.2020. He prays for and is granted six weeks time for final decision in the matter. Accordingly, put up in the additional cause list on 13 February 2023 in top ten cases. On the next date, appropriate affidavit be filed by respondent no.2/Director of Higher Education, U.P., Prayagraj with respect to final outcome of the enquiry." 4. Court is of the opinion that since above referred orders are been passed therefore at this stage the preliminary objection is not sustainable. It is not disputed that some proceedings are initiated against the respondent no. 5, which has not been denied by the counsel for the State-respondent or the contesting respondent. 5. In the aforesaid circumstances, this writ petition is disposed of that if there is no legal impediment and that some inquiry is pending, the same be concluded in accordance with law after giving an opportunity of hearing to the respondent concerned. 6. It is made clear that Court has not entered into the merit of this case so far as to whether allegations levelled against the said respondent has merit or not. (Saurabh Shyam Shamshery,J.) February 17, 2026 Vibha Singh WRIA No. 17301 of 2022 2 Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad Digitally signed by :- VIBHA SINGH High Court of Judicature at Allahabad