Court No. - 21
Case :- WRIT - C No. - 37862 of 2018 Petitioner :- Smt.Kismati Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Tripathi B.G. Bhai Counsel for Respondent :- C.S.C.
Hon'ble Pradeep Kumar Singh Baghel,J. Hon'ble Pankaj Bhatia,J.
Counter affidavit filed on behalf of respondent no.6 is taken on record.
The petitioner has preferred this writ petition for a direction to the respondent nos. 1 and 2 to take immediate action against the respondent no.5 under Section 29 of the U.P. Kshetra Panchayat Zila Panchayat (Removal of Pramukhs, Up-Pramukh, Adhyaksha and Upadhyaksha) Enqiry Rules, 1997.
At the very outset the learned counsel for the petitioner submits that an enquiry has been conducted by the District Magistrate and he has submitted its report to the State Government for its consideration.
In view of the above, we are of the view that the ends of justice would be subserved if the respondent no.1 shall take a decision on the report submitted by the District Magistrate after furnishing an opportunity to the respondent no.5 within two months from the date of production of a certified copy of this order.
It is made clear that we have not adjudicated the matter on the merit of the case. The authority concerned shall pass an order independently in accordance with law.
Accordingly, the writ petition is disposed of.
Order Date :- 23.1.2019 MAA/-