Court No. - 29

Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2248 of 2022

Petitioner :- Society For Voice Of Human Rights And Justice And

Another

Respondent :- Union Of India And 10 Others

Counsel for Petitioner :- Abhishek Kumar Yadav,Ravindra Nath Yadav

Counsel for Respondent :- C.S.C.,Pawan Kumar Srivastava,Sanjay

Kumar Yadav,Vimlesh Kumar Rai,Vivek Saran

Hon'ble Pritinker Diwaker,Acting Chief Justice

Hon'ble Saumitra Dayal Singh,J.

1. Heard Sri Ravindra Nath Yadav, learned counsel for the

petitioner-society; Sri Sanjay Kumar Yadav, learned counsel for

respondent no.2; Sri Vivek Saran, learned counsel for

respondent no.7; Sri Sanjay Kumar Mishra, learned counsel for

respondent no.8; Sri Vimlesh Kumar Rai, learned counsel for

respondent no.9 and Sri A.K. Goyal, learned counsel for the

State-respondents.

2. Present petition has been described to be a public interest

litigation. Status of the present petitioners apart, they have

sought relief directing concrete action to be taken against the

erring officials of Nagar Palika Parishad, Loni, District-

Ghaziabad who are alleged to be involved in embezzlement of

public funds of more than 300 crores as has been noted in the

report of the enquiry committee constituted by the District

Administration of District-Ghaziabad. Further, direction has

been sought requiring appropriate action to be taken pursuant to

first information report lodged against such officers of Nagar

Palika Parishad, Loni, District-Ghaziabad. Last, direction has

been sought seeking recovery of Rs. 300 crores from the erring

officers of the said Nagar Palika Parishad.

3. Having heard learned counsel for the parties and having

perused the record, vide order dated 03.10.2022 passed by the

Director, Local Bodies, Uttar Pradesh, a prima facie satisfaction

was recorded that one Sri Krishna Kumar Badhana, the then

Executive Officer, Nagar Palika Parishad, Loni had engaged in

some misdeeds involving engagement of daily wage employee

on muster roll. He was suspended and an enquiry initiated

against him.

4. Also, earlier on 30.05.2022, an FIR had been registered in

Case Crime No. 594 of 2022 at Police Station - Loni, District -

Ghaziabad, under Sections - 409, 120-B, 204 and 187 IPC

against the then Executive Officer as also the Chairman of the

Nagar Palika Parishad alongwith one clerk Sri Pranav Rai.

5. The counter affidavit filed by Sri A.K. Goyal, learned

Standing Counsel reveals, the police investigation arising from

the above criminal case is pending. It also appears, the civil

proceedings arising from the order dated 03.10.2022 passed by

the Director, Local Bodies is pending. Thus, both civil and

criminal proceedings are pending with respect to the cause of

action projected before this Court. Since civil and criminal

proceedings are pending at the original stage i.e. proceedings in

the nature of domestic enquiry are being conducted against the

suspended Executive Officer of the Nagar Palika Parishad, Loni

and further since criminal investigation is under way, this Court

would tread light on the points being canvassed, at this stage.

6. The Supreme Court in Sanjai Tiwari Vs. State of Uttar

Pradesh & Anr., AIR 2021 SC 162, referred to its earlier order

in the case of Janata DAl Vs. H.S. Chowdhary & Ors and

observed, in the context of specific criminal proceedings

brought against the accused persons, it is for them and them

alone to raise all questions to challenge the same.

7. In the present case, in face of civil and criminal proceedings

being pending and the matter being at a wholly preliminary

state, it is left open to the petitioners to pursue their remedies

where they lie with respect to allegation of corruption etc.

8. Without making any observation as to merit as may prejudice

the ongoing civil and criminal proceedings, interference

claimed in the present proceedings is declined, at this stage.

9. Present petition is accordingly dismissed.

Order Date :-