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2018 DIGILAW 1603 (ALL)

KAMLESH v. STATE OF U. P.

2018-07-20

SALIL KUMAR RAI

body2018
JUDGMENT : Salil Kumar Rai, J. Heard counsel for the parties. 2. The present writ petition has been filed challenging the show cause notice dated 04.04.2018 issued by the District Magistrate, Mathura under the II-Proviso to Section 95(1)(g) of the Uttar Pradesh Panchayat Raj Act, 1947 to the petitioner, who is the elected Gram Pradhan. It has been contended by the petitioner that the inquiry was conducted without following the procedure prescribed in Rule 6 of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as the 'Rules, 1997') and the inquiry report does not confirm to the requirements prescribed in Rule 7 of the Rules, 1997. 3. It has been contended by the counsel for the petitioner that under the law, the District Magistrate, Mathura i.e. respondent no. 2, before issuing the show cause notice, was obliged to consider whether the inquiry was held in accordance with the prescribed procedure and whether the report confirmed to the requirements of Rule 7 of the Rules, 1997. 4. The writ petition has been filed against a show cause notice and no final order has yet been passed by the District Magistrate, Mathura removing the petitioner from the post of Gram Pradhan. The petitioner is entitled to raise the aforesaid grounds in her reply to the show cause notice. 5. In view of the aforesaid, the writ petition is disposed of with a direction to respondent no. 2 that before passing any final order in pursuance to the show cause notice dated 04.04.2018, the District Magistrate, Mathura i.e. respondent no. 2 shall consider whether the inquiry conducted in pursuance to the order dated 21.02.2018 was in accordance with the procedure prescribed in Rule 6 of the Rules, 1997 and whether the inquiry report submitted by the Inquiry Officer confirms to the requirements prescribed in Rule 7 of the Rules, 1997. 6. In case, the petitioner has not yet submitted her reply to the show cause notice dated 04.04.2018, she shall be permitted to submit the same before the District Magistrate, Mathura within a period of one month from today. The order shall be passed by the District Magistrate, Mathura in pursuance to the show cause notice dated 04.04.2018 within a period of two months after submission of the reply by the petitioner. 7. With the aforesaid directions, the writ petition is disposed of.