Court No. - 18
Case :- WRIT - A No. - 8636 of 2018 Petitioner :- Santosh Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ram Samujh Singh,Dilendra Pratap Singh Counsel for Respondent :- C.S.C.,Awadhesh Kumar
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner; learned Additional Chief Standing Counsel for the State respondent nos. 1 to 3, & 5 and Shri Awadhesh Kumar, learned counsel for respondent no.4.
The petitioner is before this Court with following reliefs:-
"i) issue a writ, order or direction in the nature of mandamus directing the Commissioner, Basti Division, Basti and District Magistrate, Basti to get enquiry into the matter of the complaint in respect of selection process of Sah-Samanwayak initiated by them by concluding the enquiry within the time frame fixed by this Hon'ble Court.
ii) issue a writ, order or direction in the nature of mandamus directing competent authority not to declare the result of selection of Sah Samanwayak conducted by them till the conclusion of the enquiry set up by the Commissioner, Basti Division, Basti and District Magistrate, Basti against the selection process of the Sah-Samanwayak.
iii) issue a writ, order or direction in the nature of mandamus commanding the District Magistrate, Basti not to approve to selection of candidate of Sah-Samanwayak till the conclusion of enquiry set up by him and the Commissioner, Basti Division, Basti.
iv) issue a writ, order or direction in the nature of mandamus commanding the respondents authorities to initiate the suitable action against the concerned officials/authorities connected with the written test and selection process for selection of Sah Samanwayak, which is vitiated with malpractices and irregularities."
In support of his submission, learned counsel for the petitioner has placed reliance on the order dated 20.2.2018 passed by the Commissioner, Basti Division, Basti (Anneuxre No.6 to the writ petition) on the complaint moved by the petitioner regarding alleged maneuverings in the examination in question wherein the Commissioner has already constituted a High Powered Three Members Committee to enquire into the allegation so levelled against the selection process. The aforesaid order has been passed way back on 20.2.2018 and even the time was stipulated in the said order for submitting a report within three days, but as per information to the petitioner, the report is still awaited and the proceeding has not been finalized. He further apprises to the Court that before finalization of the said proceeding, the petitioner may also be heard in the matter.
No useful purpose would be served in keeping the writ petition pending.
In view of above, without expressing any opinion on the merits of the issue and considering the facts and circumstances of the case and with consent of parties, this writ petition is disposed of finally with a direction to the Commissioner, Basti Division, Basti to look into the grievance of the petitioner and pass appropriate order within six weeks from the date of production of a certified copy of this order before him.
Order Date :- 27.3.2018 RKP