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2016 DIGILAW 1121 (ALL)

Arvind Kumar Gupta v. Principal Secretary, Ministry of R. D. U. P.

2016-03-30

D.Y.CHANDRACHUD, YASHWANT VARMA

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JUDGMENT The petitioner has sought a mandamus to the Union or State Governments to appoint a commission of enquiry for inquiring into an alleged embezzlement under the Indira Awas Yojana and Lohiya Awas Yojana. 2. Though the petition is ostensibly filed in public interest, the petitioner has not made due disclosure as required by sub-rule (3A) of Rule 1 of Chapter XXII of the Allahabad High Court Rules, 1952 which was inserted in view of the judgment of the Supreme Court in State of Uttaranchal Vs Balwant Singh Chaufal & Ors 2010 AIR SCW 1029. 3. Hence, we decline to entertain the petition since we are not satisfied in regard to the bona fides and credentials of the petitioner. 4. In any event, the relief which has been sought clearly falls outside the purview of the jurisdiction under Article 226 of the Constitution since there is no basis in law for a direction by this Court for the appointment of commission of enquiry. 5. The petition is accordingly dismissed. There shall be no order as to costs.