JUDGEMENT
Devi Prasad Singh,J. -
(1.) HEARD learned counsel for the petitioner and learned Standing counsel. By an order dated 29.4.2008 petitioner's candidature for Special B.T.C. Training course Urdu 2006 has been rejected on the ground that he could not arrive in the District Office on 22.4.2008 at 10.00 a.m. While assailing the impugned order in Para 14 of the writ petition the petitioner stated that he arrived in the office of respondents at Bahraich on 22.4.2008 in pursuance to information received but a clerk Anand Swarup Srivastava working in the District office had demanded an amount of Rs. 10,000/- Failing which he was not permitted to undergo training. The allegation contained in Para 14,15, and 16 of the writ petition are reproduced as under:- "14.That on 22.04.2008 on the telephonic information petitioner go to the DIET, Payagpur, District Bahraich for meeting and counseling before the opposite party no. 3 but it came to know that the opposite party no. 3 is not available then the employees who were present there told to the petitioner that head clerk Sri Anand Swaroop Srivastava is sitting in the office you go and contact to him. The petitioner met to the head clerk Sri Anand Swaroop Srivastava he demanded Rs. 10,000.00 to the petitioner and also informed to the petitioner that if you want to go for training then fulfilled the demand of opposite party no. 3 and withdrawn your petition from Hon'ble High Court then you will be sent for training. The petitioner requested to the opposite party no. 3 that he is selected candidate for special BTC Urdu training his candidature is find place at serial no. 27 then why I pay Rs. 10,000.00 to the opposite party no. 3 then Sri Anand Swaroop Srivastava, Head Clerk, advised to the petitioner that you withdraw your writ petition from Hon'ble High Court. 15.That on the advise of head clerk of DIET, Payagpur, District Bahraich Sri Anand Swaroop Srivastava, petitioner moved an application for withdrawal of writ petition on 29.04.2008 and the same was put up on 01.05.2008 and the application for withdrawal of the writ petition was allowed by the Hon'ble Court on 01.05.2008. 16.That when the petitioner given telephonic information to the opposite party no. 3 that my application for withdrawal of the writ petition filed before the Hon'ble Court by my counsel today and the same is fixed for hearing on 1.5.2008 which is already annexed as Annexure-1 to the writ petition." From the plain reading of para 14,15 and 16 of the writ petition reproduced hereinabove it appears that a cognizable criminal case is made out. Accordingly, it is a fit case where FIR should be lodged and matter may be investigated. The Superintendent of Police Bahraich is directed to ensure that FIR be lodged in the Kotwali Bahraich under appropriate section of Anti Corruption Act as well as I.P.C. and other statute and case be investigated. The registry shall send a copy of order passed today to the Superintendent of Police Bahraich within a week for compliance. Superintendent of Police Baharaich shall send the compliance report as well as status report by second week of July, 2009. List in the second week of July for further hearing.;
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