Court No. - 38
Case :- WRIT - C No. - 24903 of 2018 Petitioner :- Jay Prakash Dubey Respondent :- District Magistrate And 4 Others Counsel for Petitioner :- Debee Shanker Pandey Counsel for Respondent :- C.S.C.
Hon'ble Abhinava Upadhya,J. Hon'ble Shashi Kant,J.
Heard Sri Debee Shanker Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondents.
By means of this petition, the petitioner, who is Gram Pradhan, has come against the order of the District Magistrate and other consequential orders instituting an inquiry against the petitioner.
It is submitted that earlier also upon the same allegation inquiries were conducted by the Junior Engineer, Rural Engineering Services, Assistant Commissioner and Assistant Registrar, Cooperative, Bhadohi and the allegations against the petitioner were found to be frivolous through enquiry report dated 28.03.2018 (Annexure 3 to the writ petition). It is submitted that again on the same allegation afresh complaint is filed on 15.5.2018 on which again an inquiry has been directed.
Learned counsel for the petitioner submits that once allegations have been found to be frivolous, second inquiry could not have been directed as has been held in Full Bench decision in Hafiz Ataullah Ansari Vs. State of U.P. & Others 2011(3) ADJ 502 (FB) and Vivekanand Yadav Vs. State of U.P. & Anr. 2010 (10) ADJ 11 (FB).
In our view, it would be appropriate to direct the petitioner to file a representation before the District Magistrate concerned, who will pass fresh order in accordance with the law considering the aforesaid decisions passed by this Court as far as possible within one month from the date of production of certified copy of this order before him.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 31.7.2018 KA (Shashi Kant,J.) (Abhinava Upadhya,J.)