Court No. - 37
Case :- WRIT - C No. - 25445 of 2020 Petitioner :- Mohd. Shamim And 9 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Gorakh Nath Mourya Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Gorakh Nath Mourya, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Present writ petition has been filed for issuance of writ of mandamus commanding respondent no.3 to initiate and conclude the preliminary enquiry against respondent no. 4 in pursuance of order dated 16.10.2020 issued by District Magistrate, Moradabad.
It is submitted by learned counsel for petitioner that he made a complaint against Village Pradhan through his detailed representation dated 24.8.2020. Therefore, District Magistrate, vide order dated 16.10.2020 directed the officer concerned to initiate and conclude the inquiry against village Pradhan. But the officer concerned has not proceeded to initiate/conclude the inquiry till date.
Learned Standing Counsel states that the competent authority shall examine the grievance of petitioner, in accordance with law.
In the facts and circumstances of the case, this writ petition stands disposed of permitting the petitioner to approach the second respondent, alongwith a copy of this order, annexing his complaint. The concern respondent shall examine the complaint and shall proceed further, in accordance with law, keeping in view the provisions contained under Rule 4(1) of the Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Inquiry Rules, 1997. An appropriate decision would be taken, within a period of six weeks, thereafter. In the event such enquiry is initiated, the same shall be got concluded, within a further period of three months after due notice to the elected Pradhan, in accordance with the Rules of 1997.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 6.1.2021 S.K.