VINAY KUMAR Vs. STATE OF U.P.

JUDGEMENT

(1.) The Application No. 2268 of 2014 has been filed seeking permission of this Court to participate in the proceedings in Writ Petition No. 40817 of 2011, though the said proceedings have already been completed after passing the judgment dated 14.10.2011. In the aforesaid judgment, this Court itself has not passed any order, but has directed the Government to make appropriate enquiry into certain aspects of the matter and if it finds something therein, to proceed accordingly. I, therefore, find no justification to grant leave, as sought for, but in order to do complete justice so that no person may complain that he is condemned without giving any opportunity of hearing, I permitted learned Senior Counsel, Sri Ravi Kant, to address this Court further on the Recall Application preferred by these very applicants, Suresh Kumar and Pradeep Kumar.

(2.) Learned counsel for applicants submitted that in para 6 of the judgment, certain observations have been made by this Court which is noted in para 4 of the affidavit accompanying Recall Application and it is contended that the applicants were not given any opportunity of hearing before making such observations. From a bare perusal thereof, I find that observations do reproduce what this Court found the state of affairs from the perusal of record and having said so, the matter has been left to be examined by appropriate inquiring authority and that is how the direction has been issued in the operative part of the judgment for making enquiry in the matter so that none of the parties may be prejudiced otherwise. I, therefore, do not find that anything has been done by this Court so as to cause any prejudice to applicants at all at this stage.

(3.) Moreover, this Court is informed by learned Additional Chief Standing Counsel, Sri C.S. Singh, that in the enquiry conducted by C.B.C.I.D., prima facie guilt of manipulation etc. has been found in respect to some officials, namely, Sri Pradeep Kumar, the then Additional District Magistrate (City), Allahabad and for that purpose, the letter was sent seeking sanction of prosecution which has now been granted by Secretary (Appointment). Photocopy of the letter dated 29.5.2014 sent by Sri Yogeshwar Ram Mishra, Special Secretary, U.P. Government, communicating that sanction of prosecution of Sri Pradeep Kumar under Sections 218/ 120B I.P.C. read with Section 13 (2) of Prevention of Corruption Act has already been granted and the appropriate letter would be issued within a fortnight, has been produced before this Court which is taken on record.