Court No. - 21 Case :- WRIT - C No. - 42425 of 2010 Petitioner :- Sunita (Pradhan) Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajesh Kumar Singh Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned Standing counsel has accepted notice on behalf of
respondents.By the next date fixed, counter affidavit if any be filed.
It has been contended on behalf of petitioner that in the present at no
point of time any preliminary inquiry has been conducted in the matter
as is envisaged under the first proviso to Section 95 (1) (g) of the U.P.
Panchayat Raj Act read with Enquiry Rules, 1997 Rules and in utter
contravention of the same action has been taken.
Issue which has been sought to be raised 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 Civil Misc. Writ Petition
No. 49305 of 2009 (Het Kishan Vs. State of U.P. and others).
Aforesaid orders have been affirmed by Division Bench comprising
Hon’ble Acting Chief Justice & Hon’ble A.P.Sahi in Special Appeal No.
528 of 2010 (Smt. Sabir Vs. State of U.P. and others) decided on
28.04.2010.
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 :- 22.7.2010
SRY