Court No. - 37
Case :- WRIT - C No. - 22014 of 2020 Petitioner :- Vijay Pal Singh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Arvind Srivastava Iii,Pratik Kumar Counsel for Respondent :- C.S.C.
Hon'ble Rajiv Joshi,J.
Heard Sri Arvind Srivastava III, learned counsel for the petitioner and learned Standing Counsel for the State respondents.
Present writ petition has been filed for issuance of writ of mandamus commanding respondent no.2-District Magistrate, Mainpuri to decide the complaint of the petitioner dated 18.08.2020 made under Rule 3 of The Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Inquiry Rules, 1997.
Petitioner claims to have made a complaint against the Pradhan of Village Panchayat Harchandpur Mandal, Development Block Mainpuri, District Mainpuri. Such complaint is alleged to be supported by affidavit. It has been sent to the District Magistrate on 18.08.2020. 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.
In the facts and circumstances, noticed above, this writ petition stands disposed of permitting the petitioner to approach the second respondent, 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 :- 8.1.2021 Noman