Smt.Mamta Shukla Vs State of U.P. Thru. Prin. Secy. Panchayati Raj Lko. and Another — Allahabad HC (2025) — LawSathi Research

Smt.Mamta Shukla Vs State of U.P. Thru. Prin. Secy. Panchayati Raj Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

District Magistrate directed to pass orders on the final enquiry report after considering the petitioner's defence within three weeks; petitioner at liberty to challenge the final order; financial and administrative powers to be restored in case no adverse order of removal is passed.

Issue for consideration

Whether, the final enquiry not having been concluded within the three-month period fixed by this Court's order dated 23.01.2025, the petitioner is entitled to revival of the financial and administrative powers seized as an interim measure.

Court's answer

In view of the show cause notice issued after completion of the final enquiry, the District Magistrate is directed to pass orders based upon the final enquiry report after considering the petitioner's defence, if any, within three weeks.

Ratio / Principle

The petitioner is at liberty to challenge the final order that may be passed by the District Magistrate.

Key takeaways

If no adverse order of removal is passed against the petitioner, the petitioner's financial and administrative powers shall be restored.ratio¶11

Detailed headnote1 paragraphs

Writ petition (WRIT - C No. 4260 of 2025) filed in terms of the liberty granted by the Court's order dated 23.01.2025, whereby the final enquiry was to be concluded within three months. The petitioner alleged that despite the time fixed the enquiry was not concluded and sought revival of the financial and administrative powers seized as an interim measure. Learned Standing Counsel stated that the enquiry stood concluded and a show cause notice had been issued calling for a reply; a copy of the enquiry report was taken on record. Held: the District Magistrate is directed to pass orders based upon the final enquiry report after considering the petitioner's defence within three weeks; the petitioner is at liberty to challenge the final order; and in case no adverse order of removal is passed, the financial and administrative powers shall be restored. Petition disposed of (Pankaj Bhatia, J.; order dated 7.5.2025).

Neutral Citation No. - 2025:AHC-LKO:26575

Court No. - 6

Case :- WRIT - C No. - 4260 of 2025

Petitioner :- Smt.Mamta Shukla Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Lko. And Another Counsel for Petitioner :- Rakesh Kumar Srivastava,Veerendra Kumar Tiwari Counsel for Respondent :- C.S.C.

Hon'ble Pankaj Bhatia,J.

Heard learned counsel for the parties and perused the record.

It is informed that in terms of the order passed by this Court on 23.01.2025, the final enquiry has to be concluded within a period of three months and a liberty was also granted to the petitioner to approach this Court, in case the final enquiry is not concluded within the time as fixed by this Court. In terms of the said liberty, the present petition has been filed by the petitioner alleging that despite the time being fixed, the enquiry was not concluded within the time as prescribed, as such, the petitioner is entitled for revival of his financial and administrative powers which were seized as an interim measure.

Learned Standing Counsel based upon instructions states that the enquiry has been concluded and a show cause notice has been issued to the petitioner calling for a reply.

A copy of the enquiry report has been handed over across the bar, which is taken on record.

In view of the fact that a show cause notice issued after the completion of the final enquiry, the District Magistrate is directed to pass orders based upon the said final enquiry report after considering the defence if any of the petitioner within a period of three weeks from today. The petitioner would be at liberty to challenge the final order that is passed. In case no adverse order of

removal is passed against the petitioner, his financial and administrative powers shall be restored.

The petition is disposed of in terms of the above.

Order Date :- 7.5.2025 Arun

Digitally signed by :- ARUN KUMAR High Court of Judicature at Allahabad, Lucknow Bench