Court No. - 30
Case :- WRIT - C No. - 39652 of 2018 Petitioner :- Uzma Parveen Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Mithilesh Kumar Tiwari Counsel for Respondent :- C.S.C.,Rajesh Pathik
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner, Sri B.P. Singh, learned Standing Counsel and Sri Rajesh Pathik, learned counsel appearing on behalf of respondents.
The present writ petition has been preferred with the prayer to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 26.11.2018, passed by respondent no. 2 (Annexure No. 5 to the writ petition) by which the financial and administrative powers and functions of the petitioner as a Village Panchayat Mukarpuri, Block Dhampur, District Bijnor has been ceased in illegal manner.
Pursuant to order dated 04.12.2018, learned Standing Counsel Sri B.P. Singh has produced the instruction dated 08.12.2018, which is taken on record. Order dated 04.12.2018 reads as under :-
"Heard learned counsel for the parties.
Present petition has been filed seeking quashing of the impugned order dated 26.11.2018 passed by respondent no.2 by which the financial and administrative powers and functions of the petitioner as a Village Panchayat Mukarpuri, Block- Dhampur, District- Bijnor has been ceased in illegal manner.
Submission of learned counsel for the petitioner is that the reply was submitted by the petitioner after expiry of 15 days as provided in the show cause notice dated 10.10.2018, however, the reply was submitted in the office of District Panchayat Raj Officer on 20.11.2018 whereas the impugned order was passed by the District Magistrate on 26.11.2018 and therefore, the reply submitted by the petitioner was liable to be considered.
Learned Standing Counsel may seek instructions in the matter as to whether the reply was actually submitted by the petitioner in the office of the District Panchayat Raj Officer on 20.11.2018 or not and if yes whether the District Panchayat Raj Officer has forwarded the same to the District Magistrate and if 'Yes', on what date he has sent the reply to the office of the District Magistrate and on what date the same was received in the office of the District Magistrate.
Put up this case as fresh 10.12.2018, till then the status quo shall be maintained."
According to instruction, admittedly reply of the show cause notice dated 10.10.2018 was filed by the petitioner on 20.11.2018 in the after noon in the office of District Panchayat Raj Officer and not in the office of District Magistrate. Photocopy of the order of District Magistrate dated 26.11.2018 has been annexed as Annexure No. 5 to the writ petition. In both the orders dated i.e. 10.10.2018 and 26.11.2018, the signatures of the concerned are not existing, however in the main order, only initials of the District Magistrate are existing at the bottom, whereby a copy of the same has been sent to the petitioner.
In such view of the matter, giving the benefit of doubt to the petitioner, the impugned order dated 26.11.2018 is set aside. The matter is remanded back to the District Magistrate for passing fresh order after considering the reply of the petitioner, expeditiously, preferably within a period of 15 days from the date of production of certified copy of this order.
However, it is further made clear that in case, the petitioner delays in filing of the certified copy, the District Magistrate on receiving a communication from the learned Standing Counsel may proceed with the matter as the reply of the petitioner is already on record.
Accordingly, the writ petition is disposed of.
Order Date :- 19.12.2018 sailesh