The court disposed of a petition alleging delayed conclusion of enquiry proceedings against a village Pradhan under U.P. rules. It directed the competent authority to take expeditious action within three months.
Direction to the 2nd respondent to ensure prompt inquiry proceedings are concluded within three months.
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Court No. - 39
Case :- WRIT - C No. - 14319 of 2020
Petitioner :- Jay Prakash Singh @ Jay Prakash Singh Kushwaha Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Akhilesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J.
It is alleged that upon a complaint made by the petitioner against the village Pradhan proceedings have been initiated by the District Magistrate, Ghazipur of enquiry in accordance with the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. It is submitted that though such order was passed by the District Magistrate, Ghazipur on 30.8.2019 but the proceedings have not been concluded so far. Submission is that report made in that regard has also not been attended to.
Learned Standing Counsel states that an appropriate decision would be taken by the competent authority, in accordance with law.
In that view of the matter this petition stands disposed of with a direction upon 2nd respondent to ensure that approprite steps as may be warranted in accordance with Enuqiry Rules, 1997 read with Section 95(1)(g) of the U.P. Panchayat Raj Act are taken against the Pradhan concerned, expeditiously, preferably within a period of three months.
Order Date :- 28.9.2020 Abhishek Singh
2 issues framed by the court
Whether appropriate steps must be taken under the Enquiry Rules, 1997 for a concluded but unreported enquiry proceedings against a Pradhan.
Whether a direction can be issued to conclude the enquiry within a fixed period.
1 provisions across 1 enactments
Jay Prakash Singh @ Jay Prakash Singh Kushwaha
State Of U.P.
Ashwani Kumar Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
