Allahabad HC Reinstates ADGC (Criminal) Terminated For Allegedly Making Objectionable Comments Against Mahatma Gandhi
The Allahabad High Court has ordered reinstatement of Assistant District Government Counsel (Criminal) accused of allegedly making controversial remarks against the 'Father of Nation' (Mahatma Gandhi).
The Court was considering a Writ-Petition against the order of the Joint Secretary, Law Department of the State Government.
The division-bench of Justice Shekhar B. Saraf and Justice Kshitij Shailendra observed, "There being no other material, which might justify taking of action against the petitioner, we are of the view that the State Government was not justified in passing the order impugned, merely placing reliance upon a report forwarded by the District Magistrate accompanied by two members inquiry committee report, which itself substantially reads in favour of the petitioner."
The Petitioner was represented by Advocate Anil Kumar while the Respondent was represented by C.S.C.
Counsel for the Petitioner submitted that the entire contents of the inquiry report go to show that the video, which was allegedly displayed before the inquiry committee, did not mention the source as to who had recorded the same and how did the inquiry committee get access to it. It was urged that the order impugned has been passed mentioning a wrong observation.
Standing Counsel, on the other hand, submitted that neither petitioner was provided an opportunity to make his defence before the inquiry committee nor was the authenticity of video checked at any point of time.
The Court at the outset was of the view that the entire action against the petitioner appears to be full of malice and it is apparent that in order to oust the petitioner from the panel, some vague material, authenticity whereof was not established even in the inquiry conducted as noted in the inquiry report, has been utilised to the detriment of the interest of the petitioner.
The impugned order was thus set-aside with Court's satisfaction.
The Petition was accordingly allowed.
Cause Title: Raj Pal Singh Dishwar vs. State Of Up And 3 Others (2025:AHC:8931-DB)
Appearances:
Petitioner- Advocate Anil Kumar, Advocate Arvind Srivastava
Respondent- C.S.C., Advocate Shashi Kant Pandey
Click here to read/ download Order
