Court No. - 30
Case :- WRIT - C No. - 39289 of 2018 Petitioner :- Devesh Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Brijesh Kumar Pandey Counsel for Respondent :- C.S.C.
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and Sri Om Prakash Sharma, learned Additional Chief Standing Counsel appearing for the respondents.
Present writ petition has been filed seeking a direction to the respondent no. 2 to decide the complaint of the petitioner and take appropriate action against the Pradhan under the provisions of U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997.
At the very outset, learned Additional Chief Standing Counsel has pointed out that the complaint annexed with the present writ petition is not in accordance with Rule 3 of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 and as such the present writ petition seeking a direction for disposal of such defective complaint is liable to be dismissed.
Learned counsel for the petitioner has submitted that the aforesaid complaint is in accordance with the Rules.
However, I find that the affidavits of the persons from whom he claims to receive information have not been annexed with the complaint as it is clear from perusal of Annexure-3 to the writ petition.
Under such circumstances, present writ petition stands dismissed. However, the petitioner, if he so desires, is at liberty to file fresh complaint in accordance with law.
No costs.
Order Date :- 30.11.2018 p.s.