- (1.) This is a petition under Article 226 of the Constitution of India for the issuance of a writ in the nature of quo warranto against Arun Kumar Mishra, respondent no. 3, at present holding the office of Chief Engineer (Project) in the U.P. State Industrial Development Corporation (hereinafter referred to as UPSIDC). There are other prayers also i.e. for issuance of directions in the nature of prohibition restraining the respondent no. 3 from continuing on the post of Chief Engineer and Architect-cum-Town Planner, in the nature of a writ of mandamus commanding the respondents to recover the entire salary and perks received by the respondent no. 3 since the date of his appointment and finally a writ of certiorari calling for the records and quashing the appointment of respondent no. 3 on the post of Assistant Engineer (Civil) and other promotional and consequential appointments in UPSIDC.
(2.) The petition has been filed by one Anil Kumar Verma who claims to be a qualified graduate Architect from I.I.T., Roorkee having a diploma in Town Planning from the University of Szczecin (Poland) and a member of the Council for the Architecture which is a statutory body under the Architects Act, 1972. The petitioner claims to be working with UPSIDC, since 1986. He has been given his due promotion from time to time and at present is a Class-I officer in UPSIDC.
(3.) The petition was presented before the Court on 27.01.2014 and came up before the Bench on 29.01.2014. The progress of the writ petition before the Court has a checkered history. It is necessary for this Court to reproduce the relevant facts in that regard, before adverting to the merits of the petition.;