JUDGMENT :

Kshitij Shailendra, J.

1. Heard Sri Sandeep Shukla, learned counsel for the petitioner, Sri Bharat Singh, learned counsel appearing for the respondent no. 10 and Sri G.P. Singh, learned A.G.A. appearing for the State.

2. Pursuant to the orders of this Court dated 17.1.2023 and 30.1.2023 learned A.G.A. has produced before this Court attested copy of the order dated 17.5.2022 alongwith other documents, which are taken on record.

3. This petition has been filed inter alia claiming following reliefs:-

“a. Issue a writ, order or direction in the nature of mandamus calling for the record of order dated 17.05.2022 passed by respondent number 3, being number oh-vkbZ-ih- -15/39-4-2022-50, ,e (01)/2021 and further to issue a writ of certiorari quashing impugned order dated 17.05.2022 and consequential order dated 02.06.2022 passed by respondent number 7 directing transfer of investigation of Case Crime Number 5 of 2021 from Gorakhpur Sector of Uttar Pradesh (Vigilance Establishment) to Lucknow Sector (Vigilance Establishment).

b. Issue a writ, order or direction in the nature of mandamus commanding upon the respondent number 4 to pass appropriate order under section 19 of The Prevention of Corruption Act, 1988 on the police report submitted in First Information Report dated 16.09.2021 bearing Case Crime Number 5 of 2021, under section 7 The Prevention of Corruption Act, 1988 Police Station Gorakhpur Sector (Vigilance Establishment), District Gorakhpur.”

4. The necessary facts giving rise to the present writ petition are that the petitioner was working as Assistant Teacher at Primary School, Barhauwa, Vikas Khand Saltauva, Gopalpur and on 26.08.2021, petitioner was suffering from cold, cough, fever etc. problem and for medical treatment he went to District T.B. Hospital, Basti having O.P.D. registration number 6034; on account of aforesaid medical problem, petitioner took leave on 26.08.2021, the said information was duly communicated to the Principal of school and it was duly noted in the school register; the online portal for sanction of leave was nonfunctional (due to technical error) in the entire Uttar Pradesh from 21.08.2021 to 27.08.2021, that is why petitioner applied offline for the leave and the information was given to respondent no.10; the respondent no.10 visited the school on 26.08.2021 and created a chaos there. He has also made overwriting in the attendance register and marked petitioner absent; as soon as the petitioner got the abovementioned information from school staff after he came back on 28.08.2021, he went to meet private respondent after school hours; the petitioner was asked to meet at 06:00 pm in front of Boons restaurant at District Basti and there an illegal demand of Rs. 10,000/-(finally settled for Rs. 7,000/-) was raised by respondent no.10 from petitioner; on the said illegal demand being raised by respondent no. 10, a complaint dated 06.09.2021 was made before Superintendent of Police, Vigilance Department, Gorakhpur raising his grievances; acting on the said complaint dated 06.09.2021, inquiry was done, averments of complaint were found genuine and it came into the knowledge that respondent no.10 is a corrupt officer; later on after following due process, trap was organized on 15.09.2021 and respondent number 10 was caught red handed by the trap team taking bribe of Rs. 7,000/-; for the offence committed by respondent no.10, first information report dated 16.09.2021 was registered at Police Station Gorakhpur Sector (Vigilance Establishment) under Section 7 of the Prevention of Corruption Act, 1988 against respondent no.10; once respondent no.10 was arrested and sent to judicial custody, vide order dated 24.09.2021 he was suspended; bail application was moved by the respondent no.10 before Additional District and Sessions Judge (P.C. Act), Court Number 5, Gorakhpur being Bail Application Numbe