Padam Kumar vs State Of Uttarakhand And Others

Ravi Malimath, J

This writ petition is filed in public interest seeking for the following reliefs.

i) issue a writ, order or direction in the nature of certiorari to quash the transfer order dated 26-12-2017 which is annexed as annexure no. 2 to this writ petition.

ii) issue a writ, order or direction in the nature of mandamus directing and commanding the concerned respondents to transfer the private respondent from District Haridwar to any other district in the State of Uttarakhand because having regard to the rules/law he is ineligible to perform his duty as District Education Officer t his own district (as mentioned in annexure no. 1 to this writ petition).

iii) issue a writ, order or direction in the nature of mandamus directing and commanding the concerned respondents to initiate an independent probe having regard to the corruption activities which is mentioned in the various enquiry reports conducted by the education department.

iv) issue a writ, order or direction in the nature of mandamus directing and commanding the concerned respondents to take appropriate action on the representation of petitioner dated 18-09-2019 and letter to S.S.P. Haridwar as mentioned in annexure no. 15 and 16.

v) issue a suitable writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the present case.

vi) award the cost of the petition to the petitioner.

During the pendency of the proceedings, it was brought to our notice by the State that the sixth respondent has been placed under suspension and, thereafter, a charge-sheet has been issued and proceedings have commenced.

In view of the statements and the pleadings, the plea of the petitioner, with regard to prayer nos. 3 and 4, having been answered, nothing further remains to be decided so far as these two prayers are concerned.

So far as prayer nos. 1 and 2 are concerned, it is needless to state that no public interest is involved in these two prayers. It would appear that the petitioner has misused the provisions of the public interest litigation.

Shri Shakti Singh, learned counsel for the petitioner, has submitted his apology for having sought for prayer nos. 1 and 2. Furthermore, the petitioner is also available through video conferencing. He has also expressed his unconditional apology for seeking prayer nos. 1 and 2. He submits that he has confidence in the judiciary and it is by inert mistake that prayer nos. 1 and 2 have been added.

In view of the unconditional apology being stated by the petitioner, we deem it just and necessary to accept the same. However, the petitioner is hereby warned that he shall not indulge in such acts of either making any reckless allegations or misuse of public interest litigation or any other acts or the provisions of law.

Since prayer nos. 3 and 4 have already been considered, the writ petition is accordingly disposed off.

Pending application(s), if any, also stands disposed off.