# Markandey Singh & others v. The State of U.P. & others

- **Citation:** (2002) 2 ILRA 325
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2000-07-29
- **Case number:** Civil Misc. Writ Petition No. 33620 of 2001
- **Bench:** M. Katju, Rakesh Tiwari
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/markandey-singh-others-v-the-state-of-u-p-others-39828
- **Pages:** 3

## Headnote

Constitution
of
India-
Article
226-
quashing of first information report-
there appears to be some under- hand
transactions
between
the
accused
persons and the M.L.A. concerned. This a
serious aspect of the matter. The M.L.A.
is a representative of the people who has
been given funds for development of the
society. The members of the Legislative
Assembly are also trustees of the public
and
they
cannot
squander
money
allotted to them to be used for their
personal purpose or for any other
purposes except under the scheme for
which it has been allotted.

(Held in para 6)

There appears to be some under- hand
transactions
between
the
accused
persons and the M.L.A. concerned. This is
a serious aspect of the matter. The
M.L.A. is a representative of the people
who
has
been
given
funds
for
development
of
the
society.
The
members of the Legislative Assembly are
also trustees of the public and they
cannot squander money allotted to them
to be used for their personal purposes or
for any other purposes except under the
scheme for which it has been allotted.

## Text

2 All] Dr. (Mrs.) Vimala Vs. State of U.P. and others
325
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 13.3.3002

BEFORE
THE HON'BLE M. KATJU, J.
THE HON'BLE RAKESH TIWARI, J.

Civil Misc. Writ Petition No. 33620 of 2001

Dr. (Mrs.) Vimala

...Petitioner
Versus
State of U.P. and others ...Respondents

Counsel for the Petitioner:
Dr. (Ms.) Vimala Y. (In person)
Sri A.K. Pandey

Counsel for the Respondents:
S.C.
Sri Neeraj Tripathi

Constitution
of
India,
Article
226
Reservation- Single post of professior in
the
Department
of
Botany-
advertisement for a OBC- candidate
under reserve quota- illegal.

Held- Para 3

In the advertisement in question this
post has been stated to be reserved for
OBC. In paragraph 4 of the writ petition
it is mentioned that there is only one
post of Professor in the Department of
Botony in the Meerut University and this
fact is not disputed. Hence in view of the
decision of the constitution bench of the
Supreme
Court
in
Post
Graduate
Institute
of
Medical
Education
and
Research,
Chandigarh
v.
Faculty
Association 1998 (4) SCC 1 we hold that
the post in question cannot be reserved
as it is single post and has to be treated
as a post for general category.

(Delivered by Hon'ble M. Katju, J.)

1. Heard learned counsel for the
parties.
2. The petitioner has prayed for
quashing of the Selection proceedings for
the post of Professor in the Department of
Botany in Meerut University in pursuance
of the advertisement dated 29.7.2000
(Annexure- 2 to the petition).

3. In the advertisement in question
this post has been stated to be reserved for
OBC. In paragraph 4 of the writ petition it
is mentioned that there is only one post of
Professor in the Department of Botany in
the Meerut University and this fact is not
disputed. Hence in view of the decision of
the constitution bench of the Supreme
Court in Post Graduate Institute of
Medical
Education
and
Research,
Chandigarh v. Faculty Association
1998 (4) SCC1 we hold that the post in
question cannot be reserved as it is single
post and has to be treated as a post for
general category.

4. The impugned advertisement
dated 29.7.2000 is quashed so far as the
post of Professor in the Department of
Botany is concerned and the Meerut
University is directed to re-advertise the
post forthwith and fill it up in accordance
with the direction given above.

The petition is finally disposed off.
---------
ORIGINAL JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 16.3.2002

BEFORE
THE HON'BLE BINOD KUMAR ROY; J.
THE HON'BLE R.C. DEEPAK, J.

Criminal Misc. Writ Petition No.1369 of
2002

Markandey Singh & others ...Petitioners
Versus
The State of U.P. & others...Respondents
INDIAN LAW REPORTS ALLAHABAD SERIES [2002
326
Counsel for the Petitioners:
Sri U.N. Sharma
Sri A.K. Pandey
Sri S.P. Upadhyaya

Counsel for the Respondents:
Sri L.V. Singh
A.G.A.

Constitution
of
India-
Article
226-
quashing of first information report-
there appears to be some under- hand
transactions
between
the
accused
persons and the M.L.A. concerned. This a
serious aspect of the matter. The M.L.A.
is a representative of the people who has
been given funds for development of the
society. The members of the Legislative
Assembly are also trustees of the public
and
they
cannot
squander
money
allotted to them to be used for their
personal purpose or for any other
purposes except under the scheme for
which it has been allotted.

(Held in para 6)

There appears to be some under- hand
transactions
between
the
accused
persons and the M.L.A. concerned. This is
a serious aspect of the matter. The
M.L.A. is a representative of the people
who
has
been
given
funds
for
development
of
the
society.
The
members of the Legislative Assembly are
also trustees of the public and they
cannot squander money allotted to them
to be used for their personal purposes or
for any other purposes except under the
scheme for which it has been allotted.

(Delivered by Hon'ble B.K. Roy, J.)

1. The four Petitioners have come up
with a prayer to quash the First
Information Report dated 28th February,
2002 giving rise to registration of case
crime no. 68 of 2002 Police Station Line
Bazar District Jaunpur under Sections
467, 468, 471, 472, 419, 409, 420 I.P.C.
2. Sri U.N. Sharma, learned counsel
appearing on behalf of the Petitioners
urged that the impugned F.I.R. has been
lodged at the instance of Mr. Barkhu Ram
Verma, Member of the Legislative
Assembly,
Uttar
Pradesh
as
the
Petitioners had refused to oblige him
which is apparent from the documents
Annexures 4, 6 and 6A. No offence has
been made out against the Petitioners
inasmuch as out of Rs.15 lacs only a sum
of Rs.13,20,000/- was released and
balance of Rs.1,80,000/- is yet to be
released for which the work is still
pending.

3. A perusal of the F.I.R. in question
shows that the accusation against the
Petitioners
is
in
relation
to
misappropriation of Rs.2,16,468/- by
preparing
forged
and
fabricated
documents while doing the work of laying
down earth and of painting of 2
Kilometers Judpur- Gopalapur Road for
which a sum of 15 lacs of Rupees were
sanctioned and it was lodged by Sri
Umashanker Singh, the Project Director,
District Village Development Abhikaran,
Jaunpur against the Petitioners.

4. Apparently, prima-facie the
accusations
made
do
constitute
commission of cognizable offences by the
Petitioners.

5. In fairness to Sri Sharma we also
looked at the three documents brought on
the record. Annexure-4 shows that it is an
undated letter or note of Sri B.R. Verma,
M.L.A.
addressed
to
the
Chief
Development Officer, Jaunpur intimating,
interalia, that after enquiry the width of
the earth was found less and thus amount
be
released
after
deducting
the
appropriate cost of the earth used.
2 All] Markandey Singh and others Vs. The State of U.P. and others
327
Annexure 6 shows that it is a letter dated
13.6.2000 allegedly written by Mehi Lal
Patel representative of the M.L.A. Sri
B.R. Verma to one J.E. Saheb (it does not
show as to whom it has been addressed)
requesting him to arrange for Rs.1 lac and
that he will meet tomorrow in Jaunpur
Ganna Office and this obligation will be
definitely compensated. Annexure 6A is a
note or letter dated 29.11.2000 written
again by Mehi Lal to J.E. Ganna Vibhag,
asking him to meet him tomorrow dated
30.11.2000 intimating that he is in dire
need of money and that the second
instalment of the M.L.A. Fund is under
encashment.

6. The correspondence prima-facie
shows, interalia, that there appears to be
some under-hand transactions between the
accused
persons
and
the
M.L.A.
concerned. This is a serious aspect of the
matter. The M.L.A. is a representative of
the people who has been given funds for
development of the society. The members
of the Legislative Assembly are also
trustees of the public and they cannot
squander money allotted to them to be
used for their personal purpose or for any
other purposes except under the Scheme
for which it has been allotted. He has tried
to illegally collect or obtain money for his
personal gains. A civil servant cannot be
coerced by anyone to breach his loyalties
to the Government. He is a trustee and he
must discharge his duty without any
influence of any one and strictly in
accordance with law. In our socialistic
welfare democratic fabric if people, who
are representatives of the people will act
collusively then the God alone can save
the fate of our country. We, thus, direct
the Investigating Officer of the Crime
Case in question to find out the truth in
this regard under the supervision of the
Superintendent of Police, Jaunpur and
also to find out who others were
responsible
for
misappropriating
the
Government money and to book all of
them under appropriate laws.

7. With these directions this writ
petition is dismissed.

8. Let a copy of this order be
handed-over within one week to Sri L.V.
Singh, learned A.G.A. for its intimation to
and follow up action by the Police
authority concerned.

9. The office will also dispatch a
copy of this order within one week to the
Chief Secretary of the State for its
intimation.
---------
ORIGINAL JURISDICTION
CIVIL SIDE
DATED: ALLAHABAD 15.3.2002

BEFORE
THE HON'BLE SUDHIR NARAIN, J.

Civil Misc. Review/Correction Application
No. 101974 of 2000

M/s Vidyawati Construction Co.

...Applicant
Versus
Union of India and others...Respondent

Counsel for the Applicant:
Sri S.K. Garg

Counsel for the Respondents:
Lalji Sinha

The Arbitration and Conciliation Act,
1996- section 11 (4)- the parties are free
to determine the number of Arbitrators,
provided that such number 'shall not be
an
even
number'-
in
arbitration
proceedings
with
more
than
one
arbitrator, the decision of the Tribunal