Court No. - 42
Case :- WRIT - C No. - 18020 of 2021 Petitioner :- Akash Kumar Respondent :- State Of U P And 4 Others Counsel for Petitioner :- Jitendra Kumar Ravat Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for the State respondents and perused the record.
Present petition has been filed with following prayer:-
"I. Issue a writ order or direction in the nature of mandamus commanding and directing the respondent no. 4 to complete the inquiry against the respondent No. 5 in pursuance of the order dated 22.03.2021 passed by District Magistrate, Pilibhit, within the stipulated period as fixed by this Hon'ble Court.
II. Issue a writ order or direction in the nature of mandamus commanding the respondent no. 2 to consider and decide the representation/ complaint of the petitioner dated 25.01.2021 (Annexure No.1) by reasoned and speaking order as earliest within stipulated period as directed by this Hon'ble Court."
By drawing attention to Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans And Members) Enquiry Rules, 1997, it is submitted that preliminary enquiry proceedings has to be concluded within 30 days. Attention was drawn to annexure no. 2, which is an order dated 22.3.2021 passed by the District Magistrate whereby a committee of three members has been constituted for conducting the preliminary enquiry.
Learned Standing Counsel could not dispute the fact that preliminary enquiry as per Rules has to be conducted within 30 days.
Accordingly, present petition stands disposed of with a direction to respondent no. 2, District Magistrate, District- Jalaun at Orai to look into the matter and ensure that preliminary enquiry is completed within 30 days from the date of production of self- attested copy of this order, which may be verified from the official website of this Court.
It is made clear that this Court has not considered the claim of the petitioner on merit.
With the aforesaid observation/ direction, present petition stands disposed of.
Order Date :- 19.8.2021 Aditya