Court No. - 21 Case :- WRIT - C No. - 71443 of 2009 Petitioner :- Shakuntala Devi Respondent :- State Of U.P. & Others Petitioner Counsel :- Harindra Prasad Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned Standing counsel has accepted notice on behalf of
respondents no. 1 to 5. He prays for and is granted six weeks time to file
counter affidavit. Rejoinder affidavit may be filed within next two weeks.
List thereafter.
It has been contended on behalf of petitioner that his financial and
administrative powers have been ceased on the basis of preliminary
inquiry which has been conducted wherein he has been found
primafacie guilty for usurpation of Rs. 1,62,000.00. Petitioner submits
that based on the said preliminary inquiry, regular departmental inquiry
are to be undertaken as such till the regular departmental inquiry are not
undertaken recovery proceedings under Section 27 (2) of U.P.
Panchayat Raj Act, 1947 cannot be, primafacie held to be sustainable.
Arguments which has been advanced requires consideration by this
Court, inasmuch as regular departmental inquiry are yet to be
undertaken wherein petitioner will have all opportunity to defend himself,
and outcome of preliminary inquiry is always subject to regular
departmental inquiry.
Consequently, till the next date of listing amount in question shall not be
recovered from the petitioner.
Order Date :- 4.1.2010
Dhruv