Court No. - 58
Case :- WRIT - A No. - 19943 of 2018 Petitioner :- Nitish Kumar Verma Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Anil Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
This petition is directed against an order dated 16.8.2018, whereby petitioner has been placed under suspension. Petitioner is a Gram Panchayat Adhikari, against whom allegations are that in collusion with the Pradhan a bank account was opened in the name of son of Pradhan and certain amount was paid without undertaking any work. It is also stated that various amount in the name of family members of Pradhan were also released with the active connivance of petitioner, and therefore, he is placed under suspension and a disciplinary enquiry has been initiated.
The order is challenged on the ground that on similar charges action was proposed against the Pradhan also, but an interference is made with the order by this Court.
Petition is opposed by learned Standing Counsel.
So far as the grant of protection to Pradhan is concerned, this Court in Writ Petition No.29446 of 2018 has taken note of the provisions of the Panchayat Raj Act, 1947 in order to hold that before proceeding against the Pradhan statutory rules have not complied with. Case of the petitioner stands on a different footing, inasmuch as the provisions of Panchayat Raj Act are not attracted here. Even otherwise, serious allegations have been made against the petitioner and a disciplinary enquiry has been initiated. This Court in Writ Petition No.11876 of 2018 after examining the statutory rules has held that the District Panchayat Raj Officer is the competent authority to place the Gram Panchayat Adhikari under suspension. In such circumstances, no interference with the order of suspension is called for.
In the facts and circumstances, however, it is provided that the disciplinary enquiry initiated against the petitioner shall get concluded by the authority competent, in accordance with law, within a period of four months from the date of presentation of certified copy of this order, provided the petitioner undertakes to cooperate in it.
Subject to the observations made above, this writ petition is consigned to records.
Order Date :- 18.9.2018 Ashok Kr.