S.K. Singh vs State Of Uttarakhand & Others

S.K. Mishra, J

This writ petition has been filed with the following prayers:-

“i. Issue a writ, order or direction in the nature of mandamus directing the respondents (specifically respondent no.4 and 5) to complete

the vigilance inquiry (Annexure No.1) initiated against the respondent no.9 in respect of corruption and disproportionate assets within

stipulated time because the private respondent no.9 being Public Servant misused his powers and siphoned off the public money, the

Hon’ble Court may call the entire records from the respondents in this regard or in alternate pass any appropriate orders keeping in

view of the facts highlighted in the body of the petition or mould the relief appropriately.

ii. Issue a writ, order or direction in the nature of mandamus directing the respondent no.2 and 3 to recover an amount Rs.7,00,420/- with

interest from the respondent no.9 in terms of noting dated 12.10.2018 and 22.03.2019, letter dated 26.03.2019, 05.11.2020 and 21.01.2021

(Annexure Nos.2, 3 and 4 to the PIL Petition).

iii. Issue a writ, order or direction in the nature of mandamus directing the respondent nos.6 and 7 to complete the investigation of FIR

No.21/2019, registered against the respondent no.9 under Section 409, 420, 468, 166, 166-A, 477-A of IPC, and Section 13(1) read with

Section 13(2) of Prevention of Corruption Act, 1998 (amended Section 17A of 2018 Amendment Act) at P.S. Dalanwala, District Dehradun

within stipulated time to submit action taken report before this Hon’ble Court.

iv. Issue writ, rule or directions appropriate in nature in respect of the investigation by SIT in respect of wrong and corrupt practice of

private respondent no.9 being public officer or to pass any appropriate orders keeping in view of the facts highlighted in the body of the

petition or mould the relief appropriately and to allow the petition in totoâ€​.

Keeping in view the fact that the vigilance inquiry takes a lot of time, especially in cases of corruption and disproportionate assets, punishable under

Section 13(1)(e) of the Prevention of Corruption Act, 1988, a lot of material has to be collected, a mandamus should not be issued at this stage without

having a clear picture in the shape of synopsis that was directed to be filed by the learned counsel for the petitioner by order dated 14.07.2021.

However, the writ petition is disposed of directing the respondent-State to conclude the vigilance inquiry against the private respondent, as

expeditiously as possible.

Urgent certified copy of this order be granted on proper application.