- (1.) The Akhil Bhartiya Manav Kalyan Evam Samajotthan Karya Sansthan, Allahabad instituted these proceedings in public interest seeking the following reliefs: I. Issue a writ, order or direction in the nature of mandamus commanding the State Government of Uttar Pradesh to transfer the officers/employees, who have completed services of more than 3 years in NOIDA, Greater NOIDA and Yamuna Expressway Authority, out of District forthwith. II. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to constitute a C.B.I. Enquiry in the matter, so that proper and fair investigation may be done with regard to assets of the private opposite parties as well as assets of their relatives and the work discharged by them in the authority. III. Issue a writ, order or direction in the nature of mandamus commanding the opposite parties to lodge the First Information Report against the erring persons. IV. Issue any other order or direction which the Hon'ble Court may deem fit and proper in the circumstances of the case."
(2.) This petition came up for hearing before a Division Bench of the Court on 30 June 2016. On the said date the attention of the Court appears to have been drawn to the pendency of an earlier public interest litigation being Writ-C No. 49534 of 2015 [Jitendra Kumar Goel Vs. State of U.P. and 15 others] in which similar issues were raised. Taking note of the same, the Division Bench directed the present Public Interest Litigation to be posted for orders along with Writ-C No. 49534 of 2015 on 1 July 2016. These two petitions were thereafter heard together and the Division Bench as an interim measure proceeded to pass the following directions:- "(a) Mr. Rama Raman shall not exercise any powers of the Chief Executive Officer of NOIDA Industrial Development Authority, Greater NOIDA Industrial Development Authority, Yamuna Expressway Industrial Development Authority hence forth. However, he shall continue to draw his salary and other allowances as earlier. (b) Notice be issued to the respondent nos. 10 to 18 by speed post fixing 20th July, 2016 as the date. Steps be taken within a week. All the respondents may file counter affidavit by the next date. List on the date fixed. "
(3.) The above order of restraint issued against the twelfth respondent came to be passed upon the Division Bench noticing that he had continued to be posted at the same place for the last six years during which time serious scams in respect of allotment of land and wrongful utilisation of properties had occurred. It also recorded that during this period various employees of NOIDA such as Yadav Singh, Ramendra Singh and V.K. Goel had been imprisoned on allegations of having accumulated wealth and properties running into hundreds of crores. The Division Bench further noted that at the relevant time, the twelfth respondent was simultaneously holding charge of the following posts:- (a) Chief Executive Officer [CEO] Greater NOIDA Industrial Development Authority (GNIDA), (b) Chairman, New Okhla Industrial Development Authority (NOIDA) (c) CEO NOIDA (d) Chairman Yamuna Expressway Industrial Development Authority (YEA).;