High Court of Judicature at Allahabad
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Smt. Uma Kanti v. State Of U.P. & Others - WRIT - C No. - 41012 of 2007  RD-AH 14728 (30 August 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Heard counsel for the petitioner. The learned standing counsel appearing for the respondents prays for and is allowed four weeks' time to file counter affidavit.
List thereafter for admission.
Learned counsel for the petitioner contends that the District Magistrate by the impugned order seized the financial and administrative power of the petitioner without there being any preliminary enquiry report as contemplated by U.P. Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Enquiry Rules, 1997. From perusal of the order it does not appear that any preliminary enquiry was directed by the District Magistrate. There being no preliminary enquiry report indicting the petitioner, the impugned order cannot be said to be in accordance with law.
In view of the facts of the present case and the submissions made the impugned order dated 25.7.2007 Annexure-3 to the writ petition shall remain stayed. However, it will be open for the District Magistrate to get the preliminary enquiry conducted and take appropriate decision in accordance with law.
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