High Court of Judicature at Allahabad
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Ravendra Singh v. State Of U.P. And Others - WRIT - C No. - 49436 of 2007  RD-AH 16446 (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. List thereafter.
Learned counsel for the petitioner contends that the financial and administrative powers of the petitioner has been seized on a report submitted by the Assistant Development Officer (Co-Operative) who cannot be an enquiry officer under Rule 2 (c) of the U.P. Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Enquiry Rules, 1997. He submitted that the petitioner has submitted reply to the show cause notice giving entire facts annexing all relevant factors which has not been considered.
In view of the facts of the present case and the submissions made, the petitioner has made out a prima facie case for grant of interim relief.
Till the next date of listing the impugned order dated 13.9.2007 shall remain stayed. It will, however, be open for the District Magistrate to get preliminary enquiry conducted and pass afresh order in accordance with law.
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