The Delhi High Court recently dismissed a public interest litigation (PIL) filed against Uttar Pradesh IAS Officer Aunjaneya Kumar Singh who had registered 66 first information reports (FIRs) against Samajwadi Party (SP) leader Azam Khan and his son Abdullah Khan [Vijay Kumar v Union of India & Ors].A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rejected the PIL filed by one Vijay Kumar alleging that Singh has been posted in Uttar Pradesh since 2015 in violation of laws.The Court observed that a PIL is not maintainable in service matters and that only non-appointees can assail the legality or extension of a successful candidate/officer.“In view of the above, this Court is of the view that the present writ petition is not maintainable. Accordingly, the same is dismissed along with the applications,” the Court ordered.Kumar filed the PIL seeking directions to the Central government to consider his representation and adjudicate the same in a time bound manner and act with respect to the illegal posting of Singh.He submitted that Singh has been posted in Uttar Pradesh since the year 2015 on deputation and his posting as well as further extensions was contrary to Rule 6 (2) (ii) of the All India Services Rules and Clauses 15 and 16 of the respective cadre rules under the Indian Administrative Service Cadre Rule, 1954.The Court considered the case and dismissed the plea.As per news reports, Singh took action against Azam Khan and his son for alleged violation of model code of conduct during the 2019 Lok Sabha elections.Khan had pleaded guilty and went to jail in relation to these FIRs as well.Singh is currently posted as Divisional Commissioner of Moradabad.Advocates Anuj Kumar Garg, Vipin Kumar and Parul Verma appeared for petitioner Vijay Kumar.Advocates Arjun Mahajan, Jitendra Kumar Tripathi, Neha Rai and Rishabh Bhalla represented the Union of India.
TAGS: Delhi High Court PIL Uttar Pradesh IAS Officer Aunjaneya Kumar Singh Vijay Kumar Azam Khan Abdullah Khan
