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2025 DAILYLAW 42193 (ALL)

ATUL KUMAR NAYAK v. STATE OF U.P. AND 2 OTHERS

WRIC/11341/2025 · 2025-04-16

Shekhar B Saraf, Y K Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56648-DB Court No. - 40 Case :- WRIT - C No. - 11341 of 2025 Petitioner :- Atul Kumar Nayak Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Krishna Mohan Misra Counsel for Respondent :- C.S.C. Hon'ble Shekhar B. Saraf,J. Hon'ble Dr. Yogendra Kumar Srivastava,J. 1. Heard Sri K.M. Mishra, learned counsel appearing on behalf of the petitioner and the learned Standing Counsel appearing on behalf of respondents. 2. The instant writ petition under Article 226 of the Constitution of India has been filed challenging the order dated 12.08.2024 passed by the respondent No.2/District Level Caste Scrutiny Committee, Azamgarh. 3. One of the submissions advanced by learned counsel appearing on behalf of the petitioner is based upon the judgment of the Supreme Court in Kumari Madhuri Patil and another vs. Additional Commissioner, Tribal Development and others, AIR 1995 SC 94 and it is urged that the Supreme Court in that case had issued clear directions to the effect that such matters have to be mandatorily enquired into by the Vigilance Cell. 4. Per contra, learned standing counsel submits that the order impugned has been passed after conducting detailed analysis of material placed before the District Level Committee and the same does not require any interference. However, he could not dispute that no enquiry was conducted by the Vigilance Cell as directed by the Supreme Court in Kumari Madhuri Patil (supra). 5. Once the law declared by the Supreme Court in Kumari Madhuri Patil (supra) holds the field and in the instant case we are satisfied that the matter was never referred to the Vigilance Cell, the order impugned cannot sustain. 6. Consequently, the writ petition succeeds and is allowed. The impugned order dated 12.08.2024 is hereby quashed. 7. It is open for the authority concerned to follow the mandate of law laid down by the Supreme Court in Kumari Madhuri Patil (supra) and refer the matter to the Vigilance Cell afresh and then pass appropriate order based on the report submitted by the Vigilance Cell. Order Date :- 17.4.2025 Imroz (Dr. Y. K. Srivastava, J.) (Shekhar B. Saraf, J.) Digitally signed by :- MOHAMMAD IMROZ KHAN High Court of Judicature at Allahabad