Court No. - 10
Case :- WRIT - C No. - 3114 of 2019 Petitioner :- Farzana Begum Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Ved Prakash Mishra,Deepak Kumar Jaiswal Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Petitioner, who is Pradhan of the village, is aggrieved by the order impugned dated 06.08.2018 passed by District Magistrate, Moradabad, whereby, an inquiry was set up against the petitioner. Further prayer has been made to command the respondents not to disturb the petitioner in her peaceful working as Village Pradhan.
It appears that in the present matter, the proceeding under Section 95(1)(g) of Panchayat Raj Act 1947 as well as U.P Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules 1997 has been contemplated against the petitioner.
The grievance of the petitioner is that the aforesaid proceeding has been initiated with malice. He further submits that earlier twice the proceeding has been initiated but at no point of time in the inquiry, the complaint was ever substantiated and on both the occasions, the inquiry was dropped but on the same issue again the inquiry has been set up by the second respondent by the order impunged without appreciating the earlier reports submitted by the inquiry officer.
Nothing has been brought on record to indicate that whether the said proceeding has been finalized and on this score objection has been raised by Shri Apurva Hajela, learned Standing Counsel that once the cognizance has been taken by the Authority concerned, the same may be finalized expeditiously and no interference is required in the matter.
In the facts and circumstances of the case, once by the order impugned cognizance has been taken by the Authorities and nothing has been brought on record to show that the same has been finalized or not, then this Court is not inclined to interfere in the order impugned. However, in the interest of justice, in case the inquiry is still pending consideration, the same may be finalized by the Authority concerned expeditiously preferably within a period of six weeks from the date of production of certified copy of this order.
With these observation, the writ petition is disposed of.
Order Date :- 29.1.2019 A. Pandey