Chief Justice's Court
Case :- WRIT - C No. - 43611 of 2018 Petitioner :- Dharmendra Kumar Giri Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anjani Kumar Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Govind Mathur,Chief Justice Hon'ble Chandra Dhari Singh,J.
This petition for writ is preferred to have an appropriate writ, order or direction for respondent no.4, District In-charge, Vayam Technology Limited, Aligarh to comply with the direction given by the District Magistrate, Aligarh under the order dated 26.09.2018 (Annexure-9 to the writ petition).
It is submitted by learned counsel appearing on behalf of the petitioner that an enquiry was conducted against the petitioner, who is having a contract to run Jan Sewa Kendra. In the enquiry aforesaid the Sub Divisional Magistrate, Gabhana, Aligarh in unambiguous terms arrived at conclusion that no illegality has been committed by the petitioner. Looking to that direction was given to the Sub Divisional Magistrate, Gabhana, Aligarh and also District Incharge, Vayam Technology Limited, Aligarh to restore identification and further Jan Sewa Kendra in favour of the petitioner. Respondent no.4, as per learned counsel, has not complied with direction given by the District Magistrate.
On going through the documents, it reveals that subsequent to the enquiry dated 31.07.2017 an enquiry was conducted by Sub Divisional Officer, Iglas and report thereof was given on 28.05.2018 an order was recorded on 05.06.2018 to close Jan Sewa Kendra. Pertinent to notice that in enquiry aforesaid Sub Divisional Officer arrived at conclusion that the petitioner was illegally charging money from the users for different purposes including to fill up online pension forms, Ration Cards, income certificate etc. In the light of report of enquiry dated 28.05.2018 allegations are against the petitioner for violation of terms of contract.
We are of the considered opinion that rights claimed by the petitioner cannot be examined in the writ petition.
Writ petition is dismissed. The petitioner is at liberty to avail appropriate remedy.
Order Date :- 21.1.2019 Asha (Chandra Dhari Singh,J.) (Govind Mathur, C.J.)