Court No. - 4
Case :- PUBLIC INTEREST LITIGATION (PIL) No. - 2115 of 2019 Petitioner :- Jitendra Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Niraj Kumar Dwivedi Counsel for Respondent :- C.S.C.
Hon'ble Bala Krishna Narayana,J. Hon'ble Rohit Ranjan Agarwal,
Heard learned counsel for the petitioner and learned Standing Counsel who has accepted notice on behalf of respondent nos. 1 to 4.
This Public Interest Litigation Petition (P. I. L.) has been filed with the following prayer:
"(1) Issue a writ, order or direction in the nature of mandamus directing the concerned respondent authority to conduct final enquiry and declare result within stipulated period in respect of the irregularities found in the preliminary enquiry dated 16.9.2019 against the respondent no. 5;
(2) Issue any other writ, order or direction as this Hon'ble Court may deem fit and proper under the facts and circumstances of the case;
(3) Award the cost of the petition in favour of the petitioner."
Learned counsel for the petitioner has submitted that the preliminary enquiry into the charges levelled against the respondent no. 5 has been concluded and she has been prima facie found guilty of embezzlement of Rs. 14,62,626/- but the authorities are not proceeding with the final enquiry.
Learned Standing Counsel appearing for the respondent nos. 1 to 4 has submitted that the preliminary enquiry report was submitted on 16.9.2019 before the District Magistrate, Pilibhit who has forwarded the same to the State Government in the exercise of power conferred under U. P. Kshettra Panchayat Rules, upon which, the State Government has to take a decision.
In view of the above, we dispose of this writ petition with the direction to the respondent no. 1 to take appropriate action on the report dated 16.9.2019 submitted before it by the District Magistrate, Pilibhit within a period of two months from the date of production of certified copy of this order.
Order Date :- 27.11.2019 HR