Prayagraj: The Allahabad High Court has imposed Rs 5 lakh fine on former Gorakhpur District Magistrate K Vijyendra Pandian for invoking Goonda Act against a petitioner with “malicious” intention and “harassing” him in respect of his disputed property.
Hearing a petition filed by Kailash Jaiswal, the bench comprising Justices Suneet Kumar and Syed Waiz Mian quashed the notice issued by Gorakhpur district administration in 2019 by which Goonda Act was invoked against the petitioner.
The court also directed the Uttar Pradesh government to initiate an inquiry against Pandian, a 2008-batch IAS officer.
It was alleged that the petitioner was being coerced by the district administration to release the property in dispute in favour of it (district administration).
The high court, in its order dated November 14, 2022, observed that it is essential to refer to at least two incidents of commission of crime for applicability of clause (i) of section 2(b) of the Act. But there is reference of one incident only in the notice, it said.
The court further said, “Having regard to the facts and circumstance of the case, prima facie, we are convinced that the proceedings initiated against the petitioner is not only malicious but to harass him in respect of the property in dispute which admittedly vests with the petitioner lawfully.”
“Further, the conduct of the respondent, in particular, the second respondent, District Magistrate, Gorakhpur, clearly demonstrates that he has no respect for the rule and law and has become law unto himself,” the court said.
The court further said, “In the circumstance, we are constrained to quash the impugned notice dated April 11, 2019, issued by the District Magistrate, Gorakhpur. A cost assessed at Rs 5 lakh is imposed upon him to be deposited with the High Court Legal Services Committee within 10 weeks.
“The first respondent Principal Secretary (Home Department), Government of UP, Lucknow, is directed to get the matter inquired and initiate disciplinary enquiry against the then delinquent District Magistrate, Gorakhpur.”
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