Court No. - 5
Case :- WRIT - A No. - 7545 of 2020 Petitioner :- Shesh Kumar Tiwari Respondent :- Union Of India And 6 Others Counsel for Petitioner :- Satya Prakash Pandey,Ashutosh Shukla,Manish Kumar Yadav Counsel for Respondent :- A.S.G.I.,A.S.G.I.,Krishna Ji Shukla
Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and Sri Krishna Ji Shukla, learned counsel for respondents.
The petitioner by means of the present writ petition has prayed for the following reliefs:-
"(i). To call for the records and to issue a writ, order or direction in the nature of mandamus directing to conduct an independent enquiry in accordance with law against concerned authorities regarding circumstances under which caste certificate has been placed on service record of the petitioner to falsely implicate/involve the petitioner under false charges.
(ii). To issue a writ, order or direction in the nature of mandamus commanding the respondents/concerned authorities to consider the grievance of the petitioner in accordance with law.
(iii). To issue any other suitable writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(iv). To award cost of the petition in favour of the petitioner.".
The petitioner has been appointed as Constable in Central Reserve Police Force (CRPF) and presently posted at Jammu & Kashmir.
It appears that a show cause notice has been issued to petitioner on 31.03.2020 for obtaining appointment under scheduled caste category by filing false caste certificate of scheduled caste. A charge sheet against the petitioner has been issued and enquiry has commenced.
The petitioner claims that he has never claimed his appointment under scheduled caste category and he has applied under the general category and he is not aware as to how he has been treated as scheduled caste candidate and selected under the scheduled caste category.
Learned counsel for the petitioner further submits that petitioner has applied in the general category and in order to implicate and harass the petitioner, false enquiry has been constituted against the petitioner for verifying his caste certificate. He submits that the enquiry has been constituted malafidely, and therefore, the relief prayed for by the petitioner in the writ petition may be granted to him.
Learned counsel for the respondents would contend that writ petition is premature inasmuch as as on today, no cause of action is against the petitioner for approaching this Court under Article 226 of Constitution of India. He submits that disciplinary enquiry against the petitioner is going on and if any adverse order is passed against the petitioner in the disciplinary proceeding, he can avail the remedy available to him in law. Thus, he submits that writ petition is filed on frivolous ground and deserves to be dismissed.
He further submits that allegation of malafide is also not made out from the record inasmuch as there is no pleading in the writ petition as who is the person annoyed with the petitioner and is behind the enquiry of the petitioner, nor petitioner has impleaded the person by name against whom he alleges malafide.
Be that as it may, it is not in dispute that disciplinary enquiry is pending against the petitioner in which he is participating. As on today, there is no adverse order against the petitioner which prejudices the rights of the petitioner. There is no pleading in the writ petition who is the person behind the enquiry of the petitioner nor any person has been impleaded by name against whom petitioner alleges malafide.
In view of the facts, stated above, no case for interference is made out.
Accordingly, writ petition lacks merit and is dismissed with no order as to costs.
Order Date :- 24.8.2021 Sattyarth