Court No. - 28 Case :- WRIT - C No. - 33186 of 2010 Petitioner :- Smt. Rama Devi Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Atul Tej Kulshrestha,Sunil Kumar Yadav Respondent Counsel :- C.S.C. Hon'ble Rajesh Dayal Khare,J.
Heard learned counsel for the petitioner and learned Standing Counsel for the
State.
In the present case, it has been sought to be contended that on behalf of the
petitioner that an inquiry was got conducted and thereafter show cause notice
got issued against the petitioner which was not replied by him inspite of
reminders.
Learned counsel for the petitioner filed supplementary affidavit today in the
Court, which is taken on record, in which it has been stated that no notice as
referred in the order impugned was ever served upon the petitioner nor any
letter dated 18.08.2009 was served upon the petitioner. It has been further
stated that no preliminary inquiry was conducted as provided under U.P.
Panchayat Raj Removal of Pradhan and Up-Pradhan members, Inquiry Rules,
1997 and on the basis of thesame, financial and administrative powers of the
petitioner has been seized.
What should be the scope of conducting inquiry and allied matters has already
been referred to Larger Bench in Civil Misc. Writ Petition No. 60951 of 2009
(Madho Lal (Pradhan) Vs. State of U.P. and others) and the record of Civil
Misc. Writ Petition No. 49305 of 2009 (Het Kishan Vs. State of U.P. and
others).
Consequently, connect this writ petition alongwith the record of aforesaid writ
petitions.
Interim order which has been passed therein on the same term and condition,
shall be extended to the petitioner also.
Order Date :- 2.7.2010
S.Ali