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2025 DAILYLAW 76692 (ALL)

AJEET SINGH v. THE STATE OF U.P. AND 4 OTHERS

WRIA/10605/2025 · 2025-09-23

Ajit Kumar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 10605 of 2025 CONNECTED WITH HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 12561 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. 1. A personal affidavit has been filed today by Mr. Vipin Tada, the Senior Superintendent of Police, Meerut, District- Meerut in which stand has been taken that it is the State Government which has the authority to constitute an Special Investigation Team (SIT) and no such SIT can be constituted to investigate against any employee without the permission of the State Government. Vide paragraph nos. 6 & 7 of the said affidavit, it has been averred thus:- "6. That it is also pertinent to mention here that the Special Investigation Team (SIT) was constituted at the District Level to conduct a detailed inquiry of the fund deposited in the Bank Account of the petitioner, so, that it could be clarified that by which persons and for what purposes the Versus Counsel for Petitioner(s) : Atipriya Gautam, Madhaw Pandey, Sr. Advocate, Vinod Kumar Mishra Counsel for Respondent(s) : C.S.C. Versus Counsel for Petitioner(s) : Atipriya Gautam, Divya Jyoti, Sr. Advocate, Vinod Kumar Mishra Counsel for Respondent(s) : C.S.C. Ajeet Singh .....Petitioner(s) The State Of U.P. And 4 Others .....Respondent(s) Ajeet Singh .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) funds were deposited in the bank account of the petitioner. In view of the above the deponent has constituted the Special Investigation Team (SIT) for investigation at the District Level on 09.04.2025. 7. That it is also pertinent to mention here that the deponent is not empowered by way of any government order to constitute the Special Investigation Team (SIT) for any investigation against any employee without permission of the Government of U.P." 2. In view of the above, therefore, the investigation cannot be permitted through Special Investigation Team (SIT) by the S.S.P. and as such the same is hereby quashed with liberty to the respondent concerned to proceed in accordance with the law afresh, if so advised. 3. Since the SIT was constituted and order was passed on 09.04.2025 in Writ-A No.10605 of 2025, which is connected to this petition, the said petition is stands allowed as above. 4. This order shall be read only in respect of Writ-A No.10605 of 2025. 5. Insofar as the charge-sheet is concerned, which is under challenge in Writ- A No.12561 of 2025, the petitioner shall have the liberty to contest the charge-sheet departmentally, which shall proceed to conclude proceedings in terms of the Uttar Pradesh Police Officers of the Subordinate Ranks (Punishment and Appeal) Rules, 1991 and as such said petition i.e. Writ- A No.12561 of 2025 also stands disposed of. September 24, 2025 Pravesh Mishra WRIA No. 10605 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- PRAVESH KUMAR MISHRA High Court of Judicature at Allahabad