Court No. - 38
Case :- WRIT - A No. - 8741 of 2019 Petitioner :- Lal Jee Ram Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Rahul Singh,Ranjeet Asthana Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
While entertaining the writ petition following orders were passed on 27.5.2019:-
"Heard Sri Ranjeet Asthana and Sri Rahul Singh, learned counsel for the petitioner and learned Standing Counsel for the State respondent.
Learned counsel for the petitioner contend that the enquiry into the charges of embezzlement had exonerated the petitioner. The order dated 19.03.2019 relies upon various documents like the measurement book, evaluation report of the Rabis work were not supplied to the petitioner. The aforesaid documents which were the sole basis of the order impugned. The petitioner had specifically demanded these documents from the competent authority prior to the order but to no avail. The order has been passed in violation of principles of natural justice.
Ordinarily, the court would have set aside the order which was passed in violation of principles of natural justice and remitted the matter to the authorities to proceed afresh in accordance with law. However, learned Standing Counsel prays for and is granted four weeks time to obtain instructions in the matter regarding compliance of principles of natural justice. The instructions shall be obtained in writing from the concerned authority namely District Panchayat Raj Officer, Ghazipur.
Put up this case on 11.07.2019 as fresh before the appropriate Bench.
Till the next date of listing, the effect and operation of the order dated 19.03.2019 passed by respondent no. 4, District Panchayat Raj Officer, Ghazipur (annexure 9 to the writ petition) shall remain stayed.
It is made clear that this case shall not be treated as tied up or part heard to this Bench."
Learned Standing Counsel has obtained instructions, according to which, proceedings have been undertaken in the matter, on the basis of a direction issued by this Court in Writ Petition No. 16563 of 2018 vide following orders on 8.5.2018:-
"The contention of the petitioner is that the preliminary enquiry which was dated 5.7.2014 had found that the then Pradhan was guilty of an embezzlement of Rs. 56,06,588/- . However, the enquiry thereafter came to a standstill and the Pradhan was not punished at all.
Learned Standing Counsel and the counsel for the gaon sabha, in reply, have submitted that after the term of the Pradhan was over there was no point in continuing under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947.
This Court, however, is of the view that since the preliminary enquiry had found that there was a loss of Rs. 56,06,588/-, the matter should be enquired into under the U.P. Panchayat Raj Rules, 1947. This enquiry shall now be restarted and shall be concluded within a period of two months from the presentation of a certified copy of this order.
The writ petition is disposed of."
Learned counsel for the petitioner submits that neither any disciplinary proceedings were initiated against the petitioner, nor he was given adequate opportunity to defend himself in the proceedings so initiated. Submission is that the authorities are not justified in returning a finding of misconduct against the petitioner and of causing wrongful loss to the State, particularly, when neither any disciplinary action was initiated against him, nor procedure contemplated under the U. P. Government Servant (Discipline and Appeal) Rules, 1999, has been followed.
Learned Standing Counsel on the basis of instructions received does not dispute that the procedure, as is warranted in law has not been followed. It is stated that authorities be permitted to proceed afresh in the matter in accordance with law.
In view of the above, this writ petition succeeds and is allowed. The order impugned dated 19.3.2019, passed by respondent no. 4, District Panchayat Raj Officer, Ghazipur, stands quashed.
It shall, however, be open for the authorities to proceed against the petitioner in accordance with law and to pass a fresh order after observing principles of natural justice.
Order Date :- 25.7.2019 Ranjeet Sahu