Court No. - 25
Case :- WRIT - C No. - 19723 of 2018 Petitioner :- Pramod Kumar Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bijendra Kumar Mishra Counsel for Respondent :- C.S.C.
Hon'ble Siddhartha Varma,J.
The contention of the learned counsel for the petitioner is that before the impugned order dated 15.5.2018 was passed there was no preliminary enquiry conducted as was contemplated under Rule-4 of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997.
The instruction as has been received by the learned Standing Counsel also reveals that no preliminary enquiry was conducted. In this view of the matter the impugned order dated 15.5.2018 cannot be sustained and is quashed.
Since no final enquiry can now take place as there was no preliminary enquiry. A direction is being issued to the District Magistrate that he shall get a preliminary enquiry conducted as per Rule-4 of the U.P. Panchayat Raj (Removal of Pradhan, Up- Pradhan and Members) Enquiry Rules, 1997 by an Enquiry Officer as is contemplated under Rule-2(c). The preliminary enquiry shall be completed within a period of two weeks from the date of presentation of a certified copy of this order.
Further action shall be taken after the preliminary enquiry is submitted.
The writ petition is allowed.
Order Date :- 31.5.2018 Ashish Pd.