High Court of Judicature at Allahabad
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Lakahan Singh v. State Of U.P. And Others - WRIT - C No. - 49403 of 2007  RD-AH 16436 (8 October 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Learned standing counsel prays for and is allowed four weeks' time to file counter affidavit.
Learned counsel for the petitioner contends that the order of the District Magistrate has been passed on the basis of the report of the Sub Divisional Officer dated 18.9.2007. He submits that there are no allegation of any prima facie charge against the petitioner in the said report and secondly, the Sub Divisional Officer's report cannot be said to be preliminary enquiry report within the meaning of Rule 2 (c) of the U.P. Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Enquiry Rules, 1997. The petitioner has made out prima facie case for grant of interim relief.
Let a counter affidavit be filed within four weeks. List thereafter.
In the mean time the order dated 24.9.2007 shall remain stayed. It will, however, be open for the District Magistrate to get preliminary enqu8ry conducted in accordance with the rules and take a fresh decision in accordance with law.
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