Neutral Citation No. - 2025:AHC:141019-DB Court No. - 21 Case :- SPECIAL APPEAL No. - 745 of 2025 Appellant :- Shahroj Iqbal Respondent :- State Of Up Through Principal Secretary And 6 Others Counsel for Appellant :- Jai Shanker Misra,Premshankar Shukla Counsel for Respondent :- C.S.C. Hon'ble Manoj Kumar Gupta,J. Hon'ble Ram Manohar Narayan Mishra,J. 1. The instant intra-court appeal is directed against the order dated 28.07.2025 passed by the Learned Single Judge in Writ-C No.23125 of 2025, whereby the writ petition filed by the petitioner, seeking quashing of the order dated 29.04.2025 passed by the State Government directing the Commissioner, Moradabad Division, Moradabad, to hold a proper preliminary inquiry to ascertain complete facts in reference to a complaint made by a Member of the Legislative Assembly, has been dismissed. 2. It appears that the petitioner is Gram Pradhan of Gram Panchayat, Dhakka, Block & Tehsil, Hasanpur, District Amroha. A complaint was made against the petitioner relating to misuse of his office and financial irregularities by one Sattar. The Commissioner, Moradabad Division, Moradabad, by order dated 21.03.2024, constituted a two-member committee comprising of the Superintending Engineer, P.W.D., Moradabad Division, Morababad and the Executive Engineer, P.W.D. Amroha, to inquire into the complaint. The said committee submitted its report on 21.06.2024. 3. It appears that when the said report was placed before the State- Government, it found the report to be vague. Consequently, it directed the Commissioner, Moradabad, Division Moradabad to constitute a Technical Appraisal Committee (TAC) and also seek explanation from the members of the previous committee for submitting such a vague report. In compliance thereof, the Commissioner, Moradabad Division, Moradabad, vide order dated 30.06.2025, constituted a TAC, aggrieved whereby the writ petition was filed by the appellant. 4. The learned Single Judge has observed that the petitioner had failed to prove any prejudice to him on account of the inquiry to be held in compliance with the order of the State Government. It has also been noted that in the writ petition, no foundation was laid nor any ground mentioned as to why the said inquiry could not be held. 5. Sri Jai Shanker Misra, learned counsel for the appellant submits that under the Government Order dated 28.02.2014, the Government itself has observed that normally the same complaint should not be inquired into repeatedly and therefore, the order of the State Government directing a re- inquiry by the Technical Assessment Committee is illegal. 6. Since, the Government has found the previous report to be vague, as in respect of some of the charges, it neither absolves the petitioner of the allegations nor indicts him, therefore, we find no illegality in the decision of the Government to hold a proper preliminary enquiry. 7. The learned Single Judge has observed that the direction of the State Government to hold inquiry through a technical assessment committee has not caused any prejudice to the petitioner. We concur with the said finding in as much as, the TAC enquiry is only in nature of a preliminary enquiry and not regular enquiry. 8. The appeal lacks merit and is accordingly dismissed. (R.M.N.Mishra, J.) (Manoj Kumar Gupta, J.) Order Date :- 19.8.2025 Amit Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad Digitally signed by :- AMIT KUMAR High Court of Judicature at Allahabad