Court No. - 37
Case :- WRIT - C No. - 23038 of 2020 Petitioner :- Subahash Chandra Rai Respondent :- District Magistrate And Another Counsel for Petitioner :- Shashank Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Petitioner claims to have made a complaint against the Pradhan of Village Sonwani, Gram Panchayat Sonwani, Vikas Khand Bhawar Koal, Tehsil Mumammadabad, District- Ghazipur. Such complaint is alleged to be supported by affidavit. It has been sent to the District Magistrate. Grievance is that the District Magistrate has not even initiated preliminary enquiry.
Learned Standing Counsel states that the competent authority shall examine the grievance of petitioner, in accordance with law.
Considering the nature of the order proposed to be passed, notices need not be issued to the respondent no. 2.
In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to approach the respondent no.1, alongwith a copy of this order, annexing his complaint and the affidavit. The concern respondent shall examine the complaint and shall proceed further, in accordance with law, keeping in view the provisions contained under Rule 4(1) of the Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Inquiry Rules, 1997. An appropriate decision would be taken, within a period of six weeks, thereafter. In the event such enquiry is initiated, the same shall be got concluded, within a further period of three months after due notice to the elected Pradhan, in accordance with the Rules of 1997.
The concerned Authority/Official shall verify the authenticity of computerized copy of this order from the official website of High Court Allahabad and shall act accordingly without waiting for submission of the certified copy of this order.
Order Date :- 5.1.2021 Akbar