Court No. - 36
Case :- WRIT - A No. - 15196 of 2020 Petitioner :- Hoti Lal Sharma Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Hanuman Prasad Dube,Vipul Dube Counsel for Respondent :- C.S.C.
Hon'ble Mrs. Sunita Agarwal,J.
By means of the present petition, the petitioner seeks quashing of the vigilance inquiry initiated against him on 6.12.2017 by the respondent no.3.
Submission of learned counsel for the petitioner is that thrice inquiry officer had submitted report after conclusion of the vigilance inquiry initiated on 6.12.2017 before respondent no.3 but fresh inquiry had been instituted each time. Submission, thus, is that the vigilance inquiry is still pending.
It is contended that the petitioner had retired from service on 31.12.2019 and no adverse order has been passed against him from the date of retirement till today.
Even otherwise, the vigilance inquiry is a fact finding inquiry. Under no provision of law, the department can be stopped from making such an inquiry. Even otherwise, no adverse decision has been taken against the petitioner after his retirement on 31.12.2019 according to his own claim.
The writ petition based on the apprehension of the petitioner that adverse order may be passed against him after conclusion of the vigilance inquiry cannot be entertained.
The writ petition is, accordingly, dismissed. Order Date :- 13.1.2021 Harshita