RANG NATH MISHRA Vs. STATE OF UTTAR PRADESH
LAWS(SC)-2015-4-26
SUPREME COURT OF INDIA (FROM: ALLAHABAD)
Decided on April 10,2015

Rang Nath Mishra Appellant
VERSUS
STATE OF UTTAR PRADESH Respondents

JUDGEMENT

- (1.) Leave granted.
(2.) The challenge in this appeal is to the order dated 11th November, 2011 passed by the High Court of Judicature at Allahabad in Writ- C No.62471 of 2011 by which the writ petition filed by the appellant has been dismissed.
(3.) The challenge in the writ petition, inter alia, was against the report dated 4th October, 2011 of the Lokayukta, U.P. containing the following recommendations: "(1) The Charged Public Servant, Minister of Secondary Education, Shri Ranga Nath Mishra, as the sources of income of the properties earned by him from 2007 onwards are not known, therefore, for prosecution under section 13(1)(e) of the Prevention of Corruption Act, 1988, criminal investigation be got done by an independent agency like C.B.C.I.D. or Uttar Pradesh Vigilance Commission, and his prosecution be considered to be initiated. (2) On the basis of the illegal possession of the Gram Sabha land of Gat No.666 Mi/O.106 Hect. in Village Aurai, Bhadohi, District Sant Ravi Das Nagar, the proceedings be initiated against the charged Public Servant Shri Ranga Nath Mishra, under Section 122 of the Abolition of Zamindari Act, and the concerned Dy. District Collector should register the case and the aforesaid land of the Gram Sabha be ordered to be released from his possession. (3) During the aforesaid criminal proceedings and release of the land from his possession, for taking independent action as per the Investigation Unit and as per the rules of the competent authority, the Charged Public Servant, Minister of Secondary Education, be removed from the portfolio of the Minister so that the aforesaid legal proceedings could be carried out independently. (4) The Criminal Investigation be done through such an agency which can also investigate into the investments of such properties made in the State and outside the State. (5) The compliance report in respect of the aforesaid recommendations be made available within a month.";


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