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2025 DAILYLAW 170328 (ALL)

SHYAM BABU GUPTA v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF PANCHAYTI RAJ LKO. AND 4 OTHERS

/11172/2024 · 2025-01-09

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Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1551 Court No. - 7 Case :- WRIT - C No. - 11172 of 2024 Petitioner :- Shyam Babu Gupta Respondent :- State Of U.P. Thru. Prin. Secy. Deptt. Of Panchayti Raj Lko. And 4 Others Counsel for Petitioner :- Parmanand Sharma Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel for the State. 2. Present petition has been filed challenging the order dated 07.12.2024 whereby financial and administrative powers of the petitioner was seized in exercise of powers under the U.P. Panchayat Raj Act. 3. Prima-facie, on the basis of a preliminary inquiry, three charges were framed and prima-facie view was formed that with regard to Charge Nos.1 & 2, material exists against the petitioner. With regard to reply in respect of Charge No.3, the contention of counsel for the petitioner was found to be satisfactory. 4. A perusal of the reply on record after the preliminary inquiry, filed by the petitioner does not reveal that any specific denial was made by the petitioner specifically in respect of Charge No.1. 5. Considering the fact that prima-facie view has been formed in the absence of any specific denial by the petitioner and there being a preliminary inquiry, no interference is called for. 6. However, it is directed that the final inquiry against the petitioner shall be concluded with all expedition, preferably within a period of four months. 7. Present petition stands disposed off in above terms. Order Date :- 9.1.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench