SUSHIL KUMAR SRIVASTAV v. STATE OF U.P. AND 6 OTHERS
WPIL/2454/2025 · 2025-10-27
Public Interest Litigationbody2025
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[ 2025 DAILYLAW 171242 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 171242 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD PUBLIC INTEREST LITIGATION (PIL) No. - 2454 of 2025 Chief Justice's Court HON'BLE ARUN BHANSALI, CHIEF JUSTICE HON'BLE KSHITIJ SHAILENDRA, J.
1. This petition, purportedly in public interest, has been filed seeking appropriate action on the report submitted by a Three Member Joint Committee, constituted by the District Magistrate, Chitrakoot regarding misappropriation of funds of Nagar Palika Parishad, Chitrakoot. 2. Submissions were made that report in question was submitted on 20.07.2021, which clearly found wrongdoing qua the investigated issue Nos. 1, 3, 6 and 8, however, no action was taken by the respondents and another Committee has been appointed to give further report. 3. Based on the said submissions, learned Standing Counsel was directed to obtain instructions. 4. Instructions have been produced that based on the further Inquiry Report, wherein the findings on investigated issue Nos. 1, 3, 6 and 8 have been found to be correct, action has been taken whereby inquiry has been instituted against one Narendra Mohan Mishra, the then Executive Officer, Nagar Palika Parishad, Karwi. Qua the another officer, Surendra Kumar Mishra, the then Additional Engineer (Civil), Nagar Palika Parishad, Karwi, who has retired on 31.07.2025, steps have been taken to seek permission under Article 351-A of the Civil Service Regulations and the 3rd person, involved, i.e., Purushottam Prasad, the Accounts Clerk, Nagar Palika Parishad, Chitrakootdham has retired on 30.04.2019 and has Versus Counsel for Petitioner(s) : Anuj Kumar Srivastava, Narendra Mohan Counsel for Respondent(s) : C.S.C., Ankit Gaur (S.C.), Rajesh Khare Sushil Kumar Srivastav .....Petitioner(s) State of U.P. and 6 others .....Respondent(s)
died on 02.11.2019, against whom, no action can be taken. 5. Learned counsel for the petitioner made submissions that though action has been initiated against the officers involved, no action has been initiated against the Chairman. 6. We have perused the Inquiry Report, wherein on the investigated issue Nos. 1, 3, 6 and 8, findings have been recorded pertaining to the wrongdoing by the officers/employees, based on which action has been taken. 7. Submissions have been made that as the Chairman is head of the Nagar Palika Parishad, no wrongdoing can take place without his involvement and therefore, he should have been proceeded against.
The submission cannot be accepted as once, after investigation, it has been found that only the officers/employees were involved, only on account of the fact that Chairman is the head of the Nagar Palika Parishad, he cannot be held responsible for the wrongdoing of the officers/employees unless specific material in this regard is available and/or found during the course of the investigation and finding in this regard is recorded. 8. In view thereof, we do not find any reason to continue with the present PIL, the same stands disposed of. 9. It is expected of the respondents to proceed with the inquiry/seek permission under Article 351-A of the Civil Service Regulations and thereafter, hold inquiry with utmost expedition. October 28, 2025 Mukesh Pal/Jyotsana WPIL No. 2454 of 2025 2 (Kshitij Shailendra,J.) (Arun Bhansali,CJ.) Digitally signed by :- MUKESH PAL High Court of Judicature at Allahabad