Court No. - 30
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 4880 of 2018 Petitioner :- Ashwani Kumar Mishra Respondent :- State Of U.P. And 7 Others Counsel for Petitioner :- Anurag Kumar Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
At the very outset, learned counsel for the petitioner states that he may be permitted to implead Smt. Saraswati Devi, Gram Pradhan as respondent no.9.
Prayer to do so is allowed. He may do so during the course of the day.
Heard learned counsel for the petitioner and learned Standing Counsel appearing for State-respondents and perused the record.
Present petition has been filed seeking writ of mandamus commanding the respondents no.2 i.e. District Magistrate, Jaunpur to decide the application of the petitioner dated 01.11.2018 and also to take final decision in the matter as expeditiously as possible within stipulated time.
Submission of learned counsel for the petitioner is that in spite of the show cause notice dated 16.07.2018 issued to Smt. Saraswati Devi to submit the explanation within a period of 21 days, till date no final orders have been passed. Therefore, a direction should be issued to District Magistrate to pass final orders in the matter involved herein.
A perusal of the record indicates that Smt. Saraswati Devi has filed Writ-C No. 23750 of 2017 (Saraswati Devi Vs. State of U.P. and others), wherein vide order dated 26.05.2017 the operation of the order dated 15.05.2017 passed by District Magistrate, Jaunpur seizing financial and administrative powers of the Gram Pradhan under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 was stayed until further orders. However, an opportunity was given to the District Magistrate to proceed with final enquiry of the petitioner and it is provided that petitioner therein shall co-operate.
In view of the aforesaid, since the Enquiry Rules, 1997 provides for a time bound conclusion of enquiry, it would be appropriate that final orders may be passed by respondent no.2-District Magistrate, Jaunpur in accordance with law on its own merits preferably within a period of one month from the date of production of certified copy of this order.
It is made clear that he shall not be influenced by any observation made by this Court in this order.
With the aforesaid observation/direction, present petition stands disposed of.
No costs.
Order Date :- 28.11.2018/SKG