Sunil Bachchan v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1325 of 2015 Sunil Bachchan S/o Lal Bachchan Prasad Aged About 42 years Range Forest Officer Bilaspur, R/o Sindhi Colony, Bilaspur, PS Civil Lines, Bilaspur, District Bilaspur (Chhattisgarh) ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Tribal Welfare, Mantralaya, Mahanadi Bhawan, Naya Raipur, District Raipur (Chhattisgarh)

2. The Director-Cum-Vice President, High Power Caste Scrutiny Committee, Pt. Dindayal Upadhyay Nagar, Sector- 4 Raipur, District Raipur (Chhattisgarh)

3. The Vigilance Cell, Through Its Member-Cum-Deputy Director, High Power Caste Scrutiny, Committee, Raipur, District Raipur (Chhattisgarh)

4. The Deputy Superintendent Of Police, Vigilance Cell, High Power Caste Scrutiny Committee, Raipur, District Raipur (Chhattisgarh)

5. The Vigilance Inspector, Vigilance Cell, High Power Caste Scrutiny Committee, Raipur, District Raipur (Chhattisgarh) ---- Respondents Shri Mateen Siddiqui, counsel for the petitioner/s. Shri S.P.Kale, Dy.A.G. for the State.

Order On Board 31/07/2015 Heard on admission.

This petition, under Article 226 of the Constitution of India, has been preferred by the petitioner for quashing notice dated 09/06/15 (Annexure P/1) and report dated 24/04/15 (Annexure P/3). The petitioner has prayed for direction to vigilance cell to properly refurnish the findings. The petitioner further prays for direction to the High Power Caste Scrutiny Committee to decide verification of petitioner's caste status insisting for the records prior to the year 1950. 2.

As reflected from the records, at present, only show cause notice has been

given to the petitioner along with vigilance report. The petitioner seems to have serious grievance with regard to correctness of the report of the vigilance cell. 3.

At the stage of notice, no interference is called for by this Court because the authorities have not taken any final decision. The enquiry is still pending. Upon vigilance report, show cause notice has been given to the petitioner affording opportunity of hearing. The petitioner may raise all the grounds in reply to show cause notice. It is only when the authorities take decision adverse to the interest of the petitioner, the petitioner would have a cause of action to approach the Court of law.

4.

Keeping the rights of the petitioner reserved as above, the petition is disposed off.

Sd/- Manindra Mohan Shrivastava Judge Deepti