ANIL KUMAR SAXENA Vs. STATE OF UTTARAKHAND AND OTHERS
LAWS(UTN)-2013-11-42
HIGH COURT OF UTTARAKHAND
Decided on November 27,2013

ANIL KUMAR SAXENA Appellant
VERSUS
State of Uttarakhand and others Respondents

JUDGEMENT

Alok Singh, J - (1.) Petitioner was working as Head Clerk with Haridwar Development Authority. Since none was working as Office Superintendent, therefore, the then Vice Chairman of Haridwar Development Authority vide order dated 28.02.1998 was pleased to give additional charge of Office Superintendent to the petitioner with the stipulation that he would not be paid any wages for discharging the additional duties and functions of Office Superintendent.
(2.) Undisputedly, there were some complaints against Harish Chandra Singh Rana, Assistant Engineer and Anand Ram Arya, Junior Engineer. The then Vice Chairman of Haridwar Development Authority directed the petitioner to lodge an FIR against Harish Chandra Singh Rana, Assistant Engineer and Anand Ram Arya, Junior Engineer. In compliance of directions issued by the Vice Chairman, petitioner got an FIR registered against both the persons. Sanction to prosecute them was declined by the State Government and thereafter, a show cause notice was issued against the petitioner asking him as to why action be not taken against him for lodging the FIR against Harish Chandra Singh Rana and Anand Ram Arya without obtaining prior sanction from the State Government, as required under Section 197 Cr.P.C. Petitioner submitted his reply to the effect that he got the FIR registered against both the Engineers in compliance of directions issued by the Vice Chairman. However, vide impugned order dated 11.10.2006, one censure entry was awarded to the petitioner for lodging the FIR against Harish Chandra Singh Rana and Anand Ram Arya without getting prior approval from the State Government and additional charge of Office Superintendent was taken from the petitioner. Feeling aggrieved, petitioner has approached this Court by way of filing present writ petition.
(3.) I have heard Mr. Rajendra Dobhal, Sr. Advocate assisted by Mr. Pratool Kumar, Advocate for the petitioner, Mr. Subhash Upadhyay, Standing Counsel for State of Uttarakhand and Ms. Puja Banga, Advocate for respondents no. 2 and 3 and have carefully perused the record.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.