Court No. - 30
Case :- WRIT - C No. - 1860 of 2019 Petitioner :- Anil Kumar Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Present petition has been filed for quashing the order dated 7.1.2019 passed by the respondent no. 2-District Magistrate, Sambhal. Further prayer has been made seeking direction to the respondents not to give effect the aforesaid order.
Challenging the aforesaid order submission submission of learned counsel for the petitioner is that the complaint was not in accordance with U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 as the complaint of Smt. Nemwati Devi was not supported by an affidavit. He submits that the complaint is politically motivated and the impugned order suffers from non application of mind as the reply given by the petitioner in response to the show cause notice was not considered by the District Magistrate.
Per contra, learned Standing Counsel has supported the impugned order.
I have considered the rival submissions and have perused the record.
It is the settled law that the District Magistrate can also exercise his powers suo motu for conducting preliminary inquiry in the matter. The record further reveals that earlier also because of some defect in the constitution of inquiry committee the orders ceasing financial and administrative powers were set aside on technical grounds and thereafter this order was finally passed after providing opportunity of hearing. The impugned order clearly indicates that the reply of the petitioner has been taken note of and thereafter the orders have been passed recording prima facie satisfaction. Moreso, in case of earlier petition the petitioner has never taken this ground of defect in complaint.
In such view of the matter, I do not find any good ground to interfere in the order impugned herein.
However, in the facts and circumstances of the case, it is directed that the final inquiry shall be concluded preferably within a period of three months from the date of production of a certified copy of this order.
With the aforesaid observations, present petition stands dismissed.
Order Date :- 22.1.2019 Lalit Shukla