Court No. - 41 Case :- CRIMINAL MISC. BAIL APPLICATION No. - 5299 of 2010 Petitioner :- Collector Singh Respondent :- State Of U.P. Petitioner Counsel :- Vijendra Singh Respondent Counsel :- Govt Advocate,M.P. Singh Gaur Hon'ble Ashok Srivastava,J.
Arguments have been advanced from the side of the applicant,
referring Rule 2 ( c ) of The U.P. Panchayat Raj (Removal of
Pradhans, Up-Pradhans and members) Enquiry Rules, 1997,
annexure – 2 which is quoted hereinbelow :
“2 (c) – ‘Enquiry Officer’ means the District
Panchayat Raj Officer or any other district
level officer, to be nominated by the
District Magistrate.”
It has been argued from the side of the applicant that in the instant
case the enquiry was conducted and concluded by the District
Assistant Registrar, Cooperative Societies, U.P., Budaun who was
appointed by the Chief Development Officer and not by the
District Magistrate of the District. My attention has been drawn
towards annexure – 3 which is the enquiry report but there is
nothing on the record which may indicate that any order was
passed by the District Magistrate, Budaun appointing District
Assistant Registrar, Cooperative Societies, U.P., Budaun as the
inquiry officer. It has neither been supplied from the side of the
applicant nor from the side of the State. Reference of a letter has
come in the enquiry report but the same has not been annexed
from either of the sides.
It has been submitted by learned counsel for the applicant that it is
not within the power of the applicant to obtain a copy of the
aforesaid letter or order.
Learned A.G.A. wants two weeks’ time to file the order on the
basis of which the inquiry was conducted.
In the circumstances, learned A.G.A. is allowed, as a last chance,
two weeks’ time to file the said order/letter alongwith
supplementary counter affidavit in which it should be clearly
mentioned as to which authority had passed the order appointing
the District Assistant Registrar, Cooperative Societies as the
inquiry officer.
List this case on 28.7.2010.
Let a copy of this order be given to learned A.G.A. for compliance
within 24 hours.
Order Date :- 12.7.2010
S.B.