Court No. - 30
Case :- WRIT - C No. - 37721 of 2018 Petitioner :- Brajesh Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Yatindra Counsel for Respondent :- C.S.C.,Manoj Kumar Yadav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel appearing for the respondents no. and Sri Manoj Kumar Yadav, learned counsel appearing for the respondent no.
Present writ petition has been filed seeking a direction to the respondent no. 3 to conclude the inquiry under U.P. Panchayat Raj (Removal of Gram Pradhans, Up Pradhans and Members) Janch Niyamawali 1997 forthwith and further the respondent no. 2 be also directed to decide the application of the petitioner moved on 14.8.2018 after conclusion of the inquiry by the respondent no. 3 forthwith.
Pursuant to the order dated 17.11.2018 learned Standing Counsel has filed a copy of the instructions dated 27.11.2018, which is taken on record. According to the instructions in the enquiry proceedings 27.11.2018 was the date fixed. It is not understandable as to why in the enquiry which is to be concluded within 30 days as per the Enquiry Rules, 1997 and as already directed by order dated 27.8.2018 passed by the District Magistrate, Ghazipur enquiry has not been concluded and there is no explanation as to what was being done during this period.
In such view of the matter, it is directed that the preliminary enquiry as directed by order dated 27.8.2018 by the District Magistrate, Ghazipur shall be concluded within a period of 30 days from today and the enquiry officer shall submit his report before the District Magistrate, Ghazipur within that period. The District Magistrate shall pass necessary orders after receipt of the report, in accordance with law.
With the aforesaid observations/directions, this writ petition is finally disposed of. No order as to costs.
Order Date :- 29.11.2018 p.s.