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2025 DAILYLAW 171367 (ALL)

RAJENDRA KUMAR v. STATE OF U.P. AND 5 OTHERS

WRIC/28036/2025 · 2025-10-29

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 28036 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J. 1. Heard Sri Kuldeep Johri, learned counsel for the petitioner and the learned Standing Counsel for the State respondent nos. 1 to 5. 2. The present petition has been filed challenging the order of the District Magistrate, Pilibhit, dated 6.2.2025, in exercise of his powers under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947, ceasing the financial and administrative power of the petitioner as Gram Pradhan of Gram Panchayat Khajuriya Panchpera, Block Barkheda, District Pilibhit. 3. It is contended by the counsel for the petitioner that the aforesaid order has been passed without complying the provisions of Rules 3 & 4 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997, therefore, the order impugned, dated 6.2.2025, is bad in law and liable to be set aside. 4. On the other hand, learned Standing Counsel on instructions has informed that the formal enquiry as contemplated under Rule 4 of the Enquiry Rules, 1997, has already been concluded and the enquiry report dated 12.8.2025, has been submitted and only final orders have to be passed by the respondent no. 2. 5. Having heard the counsel for the parties and perusing the materials on record, it is evident that the complaint filed against the petitioner was duly supported by an affidavit strictly in compliance of Rule 3 of the Enquiry Rules, 1997 and the Enquiry Officer appointed for conducting the preliminary enquiry was the Chief Veterinary Officer, Pilibhit, who is a Versus Counsel for Petitioner(s) : Kuldeep Johri Counsel for Respondent(s) : C.S.C. Rajendra Kumar .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) district level officer, therefore, the order impugned is without any deviation from Rules 3 & 4 of the Enquiry Rules, 1997, as alleged by the counsel for the petitioner. Moreover, formal enquiry has already been completed and only final order is required to be passed. 6. In that view of the matter, this petition stands disposed of with a direction upon the 2nd respondent to pass a final order after affording proper opportunity to the petitioner and other other concerned parties, expeditiously, preferably within a period of one month, from the date of presentation of a certified copy of this order before him. 7. It is made clear that this Court has not expressed any opinion on the merits of the case and all issues are left open to be considered by the authority competent, at the first instance. October 30, 2025 Ranjeet Sahu WRIC No. 28036 of 2025 2 (Arun Kumar,J.) Digitally signed by :- RANJEET SAHU High Court of Judicature at Allahabad