By the Court.—Heard Sri Ashok Mehta, Senior Advocate, assisted by Sri Pankaj Kumar, for the petitioner and Advocate General, assisted by Chief Standing Counsel, for State of U.P.

2. This writ petition, in the nature of Public Interest Litigation, has been filed seeking following reliefs :.

“(i) a writ, order or direction in the nature of mandamus restraining the respondent No. 1, representing the Government of U.P., from appointing respondent No. 3 to the post of Chief Secretary to the Government of Uttar Pradesh, pending trial of the case arising out of F.I.R. No. RCEOU-1-2007-E-0002 dated 25.5.2010 under Section 409/411/420/467/468/471 and 120-B IPC wherein charge-sheet dated 29.5.2010 has been field before the Chief Metropolitan Magistrate, Delhi and the F.I.R. No. RCBE/2006E 0007 dated 15.12.2008 under Section 409/411/420/467/468/471 and 120B IPC wherein charge-sheet dated 15.12.2008 has been filed before the Court of the Additional Chief Metropolitan Magistrate, Esplanade, Mumbai;

(ii) a writ order or direction in the nature of mandamus, restraining the respondent No. 3 from functioning as the Agricultural Production Commissioner of U.P. and Industrial Development Commissioner of U.P. or from being posted to any Key Administrative Post in the State of U.P., involving administrative and financial functions until conclusion of the two criminal trials pending before the said respondents before the Court at Delhi and Mumbai;

(iii) a writ, order or direction in the nature of mandamus, directing the respondent Government to initiate Departmental Proceedings and other consequential proceedings against the respondent Nos. 3 and 4 in view of the charges levelled against the respondent Nos. 3 and 4 in accordance with law; and

(iv) any other writ, order or direction as this Hon’ble Court may deem fit and proper considering the facts and circumstances of the case.”

3. When writ petition came for hearing as fresh case on 3.6.2014, the petitioner filed an amendment application in the Court for amending the writ petition. Apart from other proposed amendment, the petitioner sought to add prayer (v) in the writ petition as follows:

“(v) Issue an appropriate writ, order or direction to remove/transfer the respondent No. 3 from the post of Chief Secretary of State of U.P. and not to post or appoint the respondent No. 3 to any sensitive and key post in Government of Uttar Pradesh which involves administrative and financial decision making process.”

4. In short, appointments of Sri Alok Ranjan (IAS) (respondent-3) on the posts of Chief Secretary, Government of Uttar Pradesh and/or Agricultural Production Commissioner of U.P. and Industrial Development Commissioner of U.P. are being challenged on the ground that during his tenure as Managing Director of National Agricultural Co-operative Marketing Federation of India (hereinafter referred to as the NAFED) an FIR No. RCBE/2006-E-0007 dated 15.12.2008, under Section 409, 411, 420, 467, 468, 471 and 120-B of IPC was registered against him and various other persons in respect of criminal conspiracy to cheat the NAFED and misappropriate the funds of the NAFED. The FIR was investigated by CBI, Economic Offences Wing, New Delhi, wherein charge-sheet dated 15.12.2008 was submitted against respondent-3 also, in the Court of Chief Metropolitan Magistrate Esplanade, Mumbai and criminal case against him is pending. Another FIR No. RCEOU-1-2007-E-0002 dated 25.5.2010, under Section 409, 411, 420, 467, 468, 471 and 120-B of IPC was also registered against him again in respect of criminal conspiracy to cheat the NAFED and misappropriate the funds of the NAFED. The FIR was investigated by CBI, Economic Offences Wing, New Delhi, wherein charge-sheet dated 29.5.2010 was submitted against respondent-3 also in the Court of Chief Metropolitan Magistrate, Delhi. Respondent-3 is facing criminal trail in the aforesaid cases. Chief Secretary of State Government heads many committees established under various A