Court No. - 29
Case :- WRIT - C No. - 24533 of 2018 Petitioner :- Amar Alam Respondent :- District Magistrate And 3 Others Counsel for Petitioner :- Suresh Chandra,Alok Tripathi Counsel for Respondent :- C.S.C.
Hon'ble Pankaj Mithal,J. Hon'ble Saral Srivastava,J.
Heard learned counsel for the petitioner and learned Standing Counsel for respondent Nos. 1 to 3.
The petitioner is a former Gram Pradhan and he has made a complaint against the present Gram Pradhan, respondent No.4 that he has misused his powers and has misappropriated the funds under the Swaccha Bharat Abhiyan released for the purposes of constructions of toilets and other development works.
The petitioner by means of this writ petition wants that the District Magistrate should conduct an enquiry against the respondent No.4 in the matter.
In case the petitioner wants to make a complaint against a Gram Pradhan or for his removal on the ground that he has abused his position and has failed to perform his duties under the U.P. Panchayat Raj Act, he has to make a complaint in accordance with the provisions of Section 95 of the Act read with provisions of the Rules wherein a complete procedure for making a complaint has been provided. It is only on the verification of the complaint and if it is in proper order that after preliminary enquiry an enquiry, if necessary, may be conducted against the Gram Pradhan.
We do not find any pleadings in the petition which may show that the petitioner has made a complaint in accordance with the above provisions.
In view of the above, we are not inclined to issue any direction for conducting an enquiry at this stage and leaves it upon the petitioner to follow the procedure prescribed for making a complaint whereupon the authorities will come into action and on satisfaction take necessary steps for enquiring the matter.
The petition is, accordingly, disposed of.
Order Date :- 26.7.2018 Nirmal Sinha