Dharamveer Saini vs State Of Uttarakhand & Others

Manoj Kumar Tiwari, J

By means of this writ petition, petitioner has sought following reliefs:-

(a) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to remove the respondent No. 3 from the post of Director of Technical Education, Srinagar District Pauri Garhwal, State of Uttarakhand.

(b) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to seize the power of respondent No. 4, Chairman (Officiating Chairman), Board of Management Kanhaiyalal Polytechnic Roorkee, Distt. Haridwar, State of Uttarakhand and receiver be appointed on that post.

(c) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to stop the salary and fund of respondent No. 5, 6, 8 and 9 to initiate departmental proceeding against respondent No. 5, 6, 8 and 9.

(d) Issue a writ, order or direction in the nature of mandamus directing the respondent no. 1 and 2 to initiate departmental and criminal proceeding against the respondent No. 7 or to pass such order as the Hon'ble Court think fit in the circumstance of the case.

(e) Issue a writ, order or direction in the nature of mandamus to recover the pubic fund of the amount of Rs. 2,26,131 with interest from the respondent No. 3, 4, 5, 6, 7, 8 and 9.

(f) Issue a writ, order or direction in the nature of mandamus directing the Respondent no. 1 & 2 to decide the representation dated 12.10.2021 of the petitioner according to law.

(g) Issue a writ, order or direction in the nature of mandamus directing the Respondent no. 1 to 2 not to pay the fund and salary of the respondent No. 3, 5, 6, 7, 8 and 9 till the disposal of the criminal case in which the F.I.R. bearing No. 84 of 2021 has been registered at police station Kotwali Gangnahar Roorkee District Haridwar.

(h) Issue a writ, order or direction in the nature of mandamus directing the Special Investigation Team (S.I.T.) or through any other Agency as the Hon'ble Court deemed fit and appropriate.

In sum and substance, petitioner wants removal of Director, Technical Education and also wants criminal action against respondent nos. 4 to 9, in fact petitioner wants a roving enquiry against the Director, Chairman and other Office bearers/teachers of Kanhiya Lal Polytechnic Roorkee, District Haridwar.

In the humble opinion of this Court, the reliefs, as prayed, cannot be granted in the absence of any material in support of the allegations made against them.

In such view of the matter, the writ petition is dismissed. No order as to costs.