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SMT. UMA KANTI versus STATE OF U.P. & OTHERS

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 [2007] RD-AH 14728 (30 August 2007)

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

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.

D/-30.8.2007

SCS/41012


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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