AJAY KUMAR UPADHYAY versus STATE OF U.P. THRU' SECRETARY SECONDARY EDUCATION U.P. & ORS

High Court of Judicature at Allahabad

Indian Supreme Court Cases / Judgements / Legislation

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Ajay Kumar Upadhyay v. State Of U.P. Thru' Secretary Secondary Education U.P. & Ors - PUBLIC INTEREST LITIGATION (PIL) No. 39898 of 2006 [2006] RD-AH 12344 (27 July 2006)

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HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Ajoy Nath Ray,CJ

Hon'ble Ashok Bhushan,J

Heard learned counsel for the petitioner.

By this writ petition, filed as a public interest litigation, a mandamus has been sought to respondent no. 2 to take a decision on the letter dated 24.5.1995 sent by the respondent no. 7 within a reasonable time and further a direction to respondent no. 10 to inquire and to look into the misappropriation of the Government money embezzled by the respondent no. 9.

The grievances raised in the writ petition is against respondent no. 9 who is said to be the Principal of Shri Gandhi Vidhyalaya Inter College, Kachhawan, Mirzapur. Learned counsel for the petitioner submits that there is no Committee of Management and the authorized controller is functioning. The writ petition is essentially a writ petition relating to service of respondent no. 9.

It is for the appointing authority or authority competent to take appropriate action against an employee against whom misconduct is alleged or misappropriation is claimed. This petition, at the instance of the writ petitioner, cannot be entertained by this Court as a public interest litigation. The remedy of the petitioner, if any, is to bring into the notice of the appropriate competent authority.

With the above observation, the writ petition is dismissed.      

Dated:27.7.2006

RK/(39898-06)

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