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Usha Gangwar v. State of U.P. and another - WEALTH TAX APPEAL No. 70031 of 2005 [2005] RD-AH 5678 (11 November 2005)


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Court No. 37

Civil Misc. Writ Petition No. 70031 Of 2005

Usha Gangwar.................Vs............State of U.P. and another

Hon'ble R.K.Agrawal, J.

Hon'ble (Mrs.) Saroj Bala, J.


Issue notice.

Notice on behalf of Respondent Nos. 1, 2 and 3 has been accepted by learned standing counsel.

Let notice be sent to Respondent Nos. 4 by Registered (A.D.) Post fixing 19th December.

List on 19th December, 2005.

All the Respondents may file counter affidavit on or before 14th December, 2005. Rejoinder Affidavit may be filed on or before the date fixed.

The contention of the petitioner is that under the provisions of the U.P. Kshettriya Panchayat and Zila Panchayat (Removal of  Pramukh, Up-Pramukh, Adhyaksh and Upadhyaksh) Enquiry Rules, 1997. The District Magistrate alone has been empowered to hold the enquiry and in the present case the petitioner has been asked by the Additional District Magistrate (Administration) to submit her reply before him, which is contrary to the law laid down by the Apex Court in the case of State of U.P. and others Vs. Smt. Janki Devi Pal, AIR 2003 SC 1825 as followed by this court in Civil Misc. Writ Petition No. 53754 of 2005, Smt. Kesri Devi Vs. State of U.P. and others, decided on 18th August, 2005.

As an interim measure, it is provided that further proceedings, pursuant to the notice dated 6th October, 2005 (filed as Annexure-6 to the writ petition) shall remain stayed.

Dated: 11.11.05



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