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2009 DIGILAW 2328 (ALL)

RAM PRAKASH v. STATE OF U. P.

2009-05-27

S.P.MEHROTRA

body2009
JUDGMENT Honble S.P. Mehrotra, J.—The present Writ Petition has been filed against the order dated 19.10.2007 (Annexure 1 to the Writ Petition) passed by the District Magistrate, Hamirpur (respondent No. 2) under Section 96 (1)(g) of the U.P. Panchayat Raj Act, 1947. 2. It appears that the petitioner is the Pradhan of Gram Panchayat Amgaon, Vikas Khand Gohand, District Hamirpur. 3. In the said order dated 19.10.2007, it was, inter alia, observed that various charges, as mentioned in the said order dated 19.10.2007, against the petitioner were prima facie found to be proved. The said order dated 19.10.2007 further directed that till the petitioner was absolved of the charges in the final enquiry under U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) inquiry Rules, 1997, the financial and administrative powers of the petitioner would be ceased and the same would be exercised by the Committee of three members, as mentioned in the said order dated 19.10.2007. 4. By the order dated 7.5.2009, the Court directed the case to be listed on 19.5.2009 so as to enable the learned Standing Counsel appearing for the respondent Nos. 1 to 5 to obtain instructions "as to who has been appointed as Enquiry Officer under Rule 5 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Inquiry Rules, 1997 for making formal enquiry against the petitioner and as to what is the stage of such enquiry which is to be conducted under Rule 6 of the said Rules." 5. Pursuant to the said order dated 7.5.2009, the case was listed on 19.5.2009. On the said date i.e., 19.5.2009, a Supplementary Affidavit was filed on behalf of the petitioner annexing thereto a copy of the Enquiry Report dated 6/16.3.2009 submitted by the District Development Officer, Hamirpur (Enquiry Officer) in the final enquiry against the petitioner. The said Enquiry Report, inter alia, recommended for restoration of the financial and administrative powers of the Gram Pradhan i.e., the petitioner. 6. By the order dated 19.5.2009, the case was directed to be listed on 27.5.2009 (i.e. today) so that in the meantime, the learned Standing Counsel would obtain instructions regarding the aforesaid Enquiry Report, a copy whereof was annexed with the aforesaid Supplementary Affidavit. 7. Today, the learned Standing Counsel appearing for the respondent Nos. 6. By the order dated 19.5.2009, the case was directed to be listed on 27.5.2009 (i.e. today) so that in the meantime, the learned Standing Counsel would obtain instructions regarding the aforesaid Enquiry Report, a copy whereof was annexed with the aforesaid Supplementary Affidavit. 7. Today, the learned Standing Counsel appearing for the respondent Nos. 1 to 5 states that despite communication having been sent to the Secretary, Panchayat Raj, Civil Secretariat, U.P. Lucknow, no response has been received by the learned Standing Counsel from any of the concerned respondents. 8. In view of the above, I am of the opinion that it will be in the interest of justice that the Writ Petition be disposed of permitting the petitioner to file a representation alongwith a copy of the aforesaid Enquiry Report and a certified copy of this order before the respondent No. 2 (District Magistrate, Hamirpur) and directing the respondent No. 2 (District Magistrate, Hamirpur) to pass appropriate orders in accordance with law on such representation filed by the petitioner expeditiously, preferably within a week of the receipt thereof keeping in view the aforesaid Enquiry Report submitted by the District Development Officer, Hamirpur. 9. The Writ Petition is, accordingly, disposed of with the direction that the petitioner will file a representation along-with a copy of the aforesaid Enquiry Report and a certified copy of this order before the District Magistrate, Hamirpur (respondent No. 2), and on receipt of such representation, the District Magistrate, Hamirpur (respondent No. 2) will pass appropriate orders in accordance with law on such representation expeditiously, preferably within a week of the receipt thereof keeping in view the aforesaid Enquiry Report submitted by the District Development Officer, Hamirpur. 10. A certified copy of this order will be supplied to the learned counsel for the parties on payment of usual charges within a week. ———