Chief Justice's Court
Case :- SPECIAL APPEAL No. - 771 of 2018 Appellant :- Mool Chand Yadav (Gram Pradhan) Respondent :- State Of U.P. And 3 Ors Counsel for Appellant :- Ajay Kumar Singh Yadav,Vinay Kumar Singh Counsel for Respondent :- C.S.C.
Hon'ble Dilip B. Bhosale,Chief Justice Hon'ble Yashwant Varma,J.
Heard Mr. Ajay Kumar Singh Yadav, learned counsel for the appellant and Mr. A.K. Goyal, learned Additional Chief Standing Counsel for the respondent-State.
This special appeal is directed against the following order passed in a writ petition filed by the appellant:
"The present writ petition has been filed challenging the letter dated 30.12.2017 issued by the Chief Development Officer, Jaunpur wherein an Enquiry Committee has been constituted to enquire into allegations against the petitioner, who is the elected Gram Pradhan.
The writ petition is not maintainable in as much as no final order has yet been passed against the petitioner and the said letter dated 30.12.2017 is merely a letter instituting an inquiry. The petitioner shall be at liberty to raise objections regarding the legality of inquiry instituted through letter dated 30.12.2017, in proceedings instituted by him challenging the final order passed against him on the basis of the said inquiry."
Counsel appearing for the appellant vehemently submitted that the enquiry initiated vide letter dated 30.12.2017 cannot proceed against him since on the same allegation the enquiry was conducted against him earlier. We have perused the relevant documents which show that the earlier enquiry was mainly against the Block Development Officer. The enquiry initiated by the impugned letter is exclusively against the Gram Pradhan namely the appellant on the allegation that certain irregularities were committed in the construction work under his supervision. We, therefore, do not find any reason to interfere with such an order in intra-court appeal. Appeal is dismissed.
Order Date :- 24.8.2018 VMA (Dilip B Bhosale, CJ) (Yashwant Varma, J)