Court No. - 10
Case :- WRIT - C No. - 222 of 2019 Petitioner :- Pushpendra Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Bhanu Pratap Singh,Rateesh Singh Counsel for Respondent :- C.S.C.
Hon'ble Mahesh Chandra Tripathi,J.
Heard learned counsel for the petitioner and Shri Siddhartha Singh, learned Additional Chief Standing Counsel for the State respondents.
By means of present writ petition, the petitioner is asking this Court to command the respondents to withhold/seize all the financial powers of the fourth respondent Smt. Usha Devi as Gram Pradhan of Gram Panchayat, Partapur, Block Patiyali, District Kasganj.
The matter was taken up on 11.01.2019. On the said date, the Court has asked whether the proceeding against the Pradhan has been taken strictly in accordance with the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up Pradhans and Members) Enquiry Rules, 1997. In response to the said query, the supplementary affidavit has been filed today. The same is taken on record.
On the basis of averment contained in the supplementary affidavit, it is being claimed that the petitioner has taken recourse as per Rule 3 of the Rules 1997 and complaint has been lodged on the notarized affidavit dated 03.07.2018.
Learned Additional Chief Standing Counsel very fairly states that in case the petitioner moves an application strictly in consonance with the Rules 1997, then definitely the Authority would redress the grievance of the petitioner.
In the facts and circumstances, no useful purpose would be served in keeping the writ petition pending and with the consent of the parties, the writ petition is disposed of finally with a direction that in case, any such application is moved by the petitioner before the District Magistrate, the Authority concerned would proceed to look into the same and take a final call in the matter strictly in accordance with law but certainly after providing ample opportunity of hearing to the fourth respondent.
Order Date :- 22.1.2019 A. Pandey