Court No. - 40
Case :- SPECIAL APPEAL DEFECTIVE No. - 25 of 2021 Appellant :- Smt. Omwati Respondent :- State Of U.P. And 7 Others Counsel for Appellant :- Ramesh Kumar Mishra,Gyanendra Kumar Mishra Counsel for Respondent :- C.S.C.,Ramdhan
Hon'ble Munishwar Nath Bhandari,J. Hon'ble Rohit Ranjan Agarwal,J.
Order on Civil Misc. Exemption Application No.1 of 2021 The application seeking exemption from filing certified copy of the order of the High Court is allowed.
The defect stands cured.
Let a regular number be given to this appeal. Order on Memo of Appeal By this appeal, a challenge is made to the judgment dated 03.12.2020 passed by learned Single Judge whereby the writ petition preferred by the petitioner was dismissed.
The writ petition was filed to challenge the order dated 07.06.2020 passed by District Magistrate. By the aforesaid order, financial and administrative power of the petitioner as Pradhan was ceased with a direction to hold regular enquiry. Learned Single Judge found that the order impugned was passed after considering reply submitted by the petitioner. A direction for regular enquiry was given. A regular enquiry would be conducted in terms of Rule 5 of Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (in short "Rules of 1997"). Before passing order for regular enquiry, only prima facie opinion is formed. The petitioner would be at liberty to take all defence in the regular enquiry where adequate opportunity is given. In the instance case, regular enquiry into the matter is yet to be conducted.
Thus, we find no reason to cause interference in the judgment passed by Single Judge. However this appeal is disposed with a direction to the authority to hold the enquiry expeditiously and petitioner to co-operate with the authority as delay in holding enquiry against the elected Member is deprecated by the Apex Court.
Order Date :- 13.1.2021 KA