Court No. - 40
Case :- WRIT - C No. - 32091 of 2021 Petitioner :- Dr. Manish Kumar Varshney Respondent :- Union Of India And 8 Others Counsel for Petitioner :- Sudhir Dixit,Anupam Shyam Dwivedi,Utkarsh Dixit Counsel for Respondent :- A.S.G.I.,C.S.C.,Vinay Kumar Singh
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Vikram D. Chauhan,J.
Heard learned counsel for the petitioner, learned Standing Counsel and Sri Vinay Kumar Singh for the respondents.
Supplementary affidavit filed today is taken on record.
This writ petition is directed against a communication, dated 26.10.2021, sent by the Director General, Family Welfare, Uttar Pradesh to the District Magistrate, who is the competent authority under PC&PNDT Act, 1994. This communication records that Dr. Manish Kumar Varshney, petitioner herein, is working as Radiologist in 18 Ultrasound Centres in different districts of State, which is clearly contrary to the provisions contained under the PC&PNDT Act, 1994 and has indulged in corruption rackets.
A preliminary investigation appears to have been undertaken in which prima facie findings have been returned and a direction has been issued to the District Magistrate to initiate appropriate action as per law. It is this communication, which is challenged in the present writ petition. It is further apparent that the preliminary investigation has been carried out in the matter and the petitioner has also been heard.
Various arguments are urged on behalf of the petitioner to submit that factual premise on which the action is proposed to be initiated is factually non existent and that petitioner is not the radiologist at 18 places.
We are of the view that such factual issues need not be examined by us, at the first instance. The impugned communication is only a recommendation and the competent authority is yet to take any action in the matter. As and when any action as per law is initiated against the petitioner, he will have the remedy to challenge it, in accordance with law. Writ petition at this stage appears to be wholly premature and merits no interference.
The writ petition, accordingly, is dismissed.
Order Date :- 20.12.2021 Ranjeet Sahu