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2025 DAILYLAW 184474 (ALL)

SMT. CHETNA v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYATI RAJ AND 6 OTHERS

WRIC/11534/2025 · 2025-12-03

Subhash Vidyarthi

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - C No. - 11534 of 2025 Court No. - 17 HON'BLE SUBHASH VIDYARTHI, J. 1. Heard Shri Ajeet Kumar, learned counsel for the petitioner. 2. By means of the present writ petition, the petitioner has challenged the validity of the order dated 14.11.2025 passed by the District Magistrate, Barabanki whereby an inquiry has been instituted against the petitioner in furtherance of a complaint filed by the certain persons in accordance with the provisions of Uttar Pradesh Panchayat Raj (Removal of Pradhans, UP- Pradhans and Members) Inquiry Rules, 1997. 3. Learned counsel for the petitioner has submitted that on four earlier occasions, the complaints have been filed against the petitioner, upon which, inquiries were instituted and on each of the occasions, allegations were found to be baseless and the matter was closed. He has further submitted that repetitive complaints and inquires are causing undue hardship to the petitioner. Further submission of learned counsel for the petitioner is that the complaint in question is not supported by an affidavit which is mandatory. 4. On the basis of written instruction dated 02.12.2025 duly signed by the Additional Panchayat Raj Officer, Barabanki, learned Standing Counsel has submitted that it is correct that on four earlier occasions, inquires were conducted against the petitioner in furtherance of the complaints filed against him and on all the occasions, complaints were found to be baseless. It is for this reason that the impugned order specifically states that the inquiry will be limited only to the new points, upon which, inquiry has not been held previously. 5. A copy of the aforesaid written instruction is taken on record. 6. Learned Standing Counsel has admitted that the complaint filed this time is not supported by any affidavit though it is mandatorily required to be supported by an affidavit. Versus Counsel for Petitioner(s) : Ajeet Kumar Counsel for Respondent(s) : C.S.C. Smt. Chetna .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Panchayati Raj And 6 Others .....Respondent(s) 7. Accordingly, the present petition is disposed of by issuing a direction to the respondent no.2- District Magistrate, Barabanki that no further action on the complaint shall be taken unless the complainants file affidavit in support of the complaint. In case, repetitive false complaints are being filed against the petitioner, the authority concerned shall take suitable action in this regard keeping in view the letter dated 31.07.2025 sent by the Director, Panchayat Raj, U.P. to all the District Magistrates. A copy whereof is annexed as Annexure No.15 to the writ petition. December 3, 2025 V. Sinha WRIC No. 11534 of 2025 2 (Subhash Vidyarthi,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench