Dismissed

Pramila Agnihotri v. State of U.P. and 8 Others

Allahabad HC10 Feb 2023WRIA/920/2023

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition challenging an order passed against the petitioner for embezzlement as not maintainable due to the existence of an adequate statutory remedy under Rule 258 of the UP Panchayat Raj Rules.

What did the court decide?

Petition dismissed on the ground of availability of alternate remedy; notice of consideration for interim relief if appeal is preferred within two weeks.

Pramila Agnihotri Vs State of U.P. and 8 Others — Service and Employment | Allahabad HC (2023)

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Court No. - 33

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Case :- WRIT - A No. - 920 of 2023

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Petitioner :- Pramila Agnihotri Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Akhilesh Kumar Tiwari,Amit Kumar Mishra,Rahul Mishra Counsel for Respondent :- C.S.C.

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Hon'ble Jaspreet Singh,J.

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Heard Shri Akhilesh Kumar Tiwari, learned counsel for the petitioner and Shri Gaurav Singh, learned counsel Standing Counsel for the State-respondents.

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By means of the instant petition, the petitioner assails the order dated 03.01.2023 passed by the District Magistrate in response to an inquiry initiated against the petitioner for embezzlement/financial misappropriation while the petitioner was the Gram Panchayat Adhikari in Vikas Khand Maitha.

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At the outset, learned Standing Counsel has raised an objection that the instant petition is not maintainable; inasmuch as the petitioner has an adequate statutory remedy for filing an appeal under Rule 258 of the Uttar Pradesh Panchayat Raj Rules, 1997 and in view thereof all grounds which the petitioner urges can be raised before the Appellate Authority.

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Learned counsel for the petitioner after arguing at some length could not dispute the availability of the remedy available in terms of Rule 258 of the Uttar Pradesh Panchayat Raj Rules, 1997.

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In view of the aforesaid, this Court is not inclined to entertain the petition, accordingly the petition is dismissed only on the ground of availability of alternate remedy. However, it is provided that in case if such an appeal is preferred by the petitioner within a period of two weeks from today alongwith an application for interim relief, the Appellate Authority shall consider and endeavour to pass the orders on

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the application for interim relief within a period of ten days from today of filing of the appeal on its own merits.

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With the aforesaid, the petition is dismissed.

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Order Date :- 10.2.2023 ank

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Digitally signed by :- ALI NEWAZ KHAN High Court of Judicature at Allahabad

Pramila Agnihotri v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

Pramila Agnihotri v. State of U.P. and 8 Others

Case brief

What is this about?

What did the court decide?

What the court decided

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