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Allahabad High Court
Smt. Shiv Rajee Devi vs State Of U.P. And Another on 29 January, 2010
Court No. - 21

Case :- WRIT - C No. - 4358 of 2010

Petitioner :- Smt. Shiv Rajee Devi
Respondent :- State Of U.P. And Another
Petitioner Counsel :- Dr. S.B. Singh
Respondent Counsel :- C.S.C.

Hon'ble V.K. Shukla,J.

Under U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans, and
Members) Enquiry Rules 1997, complaint had been made against the
petitioner wherein preliminary inquiry was got conducted by the Enquiry
Officer then on 13.08.2008 District Magistrate, proceeded to cease
financial and administrative power of the petitioner and thereafter inquiry
report was submitted on 22.11.2008 and show cause notice was given
to the petitioner to which she submitted her reply and thereafter order of
removal has been passed. Aggrieved petitioner preferred Civil Misc.
Writ Petition No. 45414 of 2009 before this Court and this Court has
proceeded to set aside the order passed by District Magistrate and it
was left open for the respondents to conclude inquiry in accordance with
Rules. Thereafter order has been passed constituting three members
committee and appointing Enquiry Officer. At this juncture present writ
petition in question has been filed.

Accepted position is that earlier financial and administrative power of
the petitioner as Pradhan has been ceased when he was prima-facie
found guilty in the preliminary inquiry so undertaken and thereafter
formal inquiry was undertaken and Enquiry Officer submitted its report
against the petitioner and thereafter order of removal has been passed.
Said order of removal has been set aside by this Court and it was left
open for the respondents to proceed in accordance with law. As
petitioner was found guilty in the preliminary inquiry and financial and
administrative power has been ceased and till date petitioner has not
been exonerated of the charges level against her in this background
District Magistrate, in the absence of exoneration of the petitioner, has
passed order for holding of fresh inquiry being undertaken pursuant to
order passed by this Court and simultaneously has proceeded to cease
financial and administrative power of the petitioner. Said action does not
suffer from any infirmity.

Consequently, present writ petition is dismissed on this score.
However as much period has already passed and petitioner has
assured before this Court that she will extend all possible cooperation in
the said inquiry, as such respondents are directed to see and ensure
that inquiry is concluded preferably within next three months from the
date of presentation of certified copy of this order strictly as per Rule 6,
7 and 8 of U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans,
and Members) Enquiry Rules 1997.

No order as to cost.

Order Date: 29.1.2010

Dhruv


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