Court No. - 5
Case :- WRIT - C No. - 35648 of 2018 Petitioner :- Amar Pal And Another Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Jai Singh Yadav Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Ved Prakash Vaish,J.
The petitioners are resident of the Village Saharanpur Amawati Qutubpur, Block Pawasa, Tehsil and District Sambhal. They have made serious allegations of the financial misdemeanour and fiscal misconduct against the Gram Pradhan, the respondent no.5 who is alleged to misuse the public fund which was allocated for the Lohiya Awas Yojana.
From the record, we find that the District Magistrate, Sambhal with reference to a letter of the Director, Zila Panchayat Raj dated 27.3.2018 has already instituted an enquiry against the Pradhan and has issued a direction to the various sub-ordinate authorities to submit a report within 30 days. The said fact is demonstrable from the order of the District Magistrate dated 13.4.2018 which is annexed as Annexure 6 to the writ petition.
The grievance of the petitioner is that despite the aforesaid order of the District Magistrate, no further enquiry has been conducted.
Learned Standing Counsel has pointed out that an F.I.R. has already been lodged on 27.8.2017, a copy thereof is on record as Annexure 3 to the writ petition.
We have heard learned Counsel for the petitioners and learned Standing Counsel for the State.
With the consent of the parties, the petition is taken on board and is being disposed of in terms of the Rules of the Court.
Considering the facts and circumstances of the case, we are of the view that the ends of justice would be met by issuing a direction upon the respondent no.2, District Magistrate, Sambhal to complete the enquiry and take the appropriate decision in accordance with law expeditiously.
The petitioners are at liberty to file a fresh representation before the District Magistrate, Sambhal along with the certified copy of this order within a period of three weeks.
We make it clear that we have not expressed our opinion on the merits of the case and the respondent no.2, District Magistrate, Sambhal shall pass the order independently in accordance with law.
With the aforesaid direction, the petition stands disposed of.
There is no order as to costs.
Order Date :- 26.10.2018 Savita