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2025 DAILYLAW 189413 (ALL)

RAJESH KUMAR GAUTAM v. STATE OF U.P. AND 5 OTHERS

WRIA/15147/2025 · 2025-10-14

Public Interest Litigationbody2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 15147 of 2025 Court No. - 34 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Astitva Srivastava, learned counsel for the writ petitioner and Sri Vishal Singh, learned Standing Counsel for the State. 2. The case of the writ petitioner is that he was initially appointed as Gram Vikas Adhikari on 26.07.1999 in District Pilibhit and while he was discharging the duties as Gram Vikas Adhikari, with respect to allegations relatable to certain acts and omissions, an ex-parte proceedings sought to be initiated which culminated into a report and based upon the same, on 05.06.2025 & 25.06.2025, show cause notices came to be issued by the District Panchayat Raj Officer, fourth respondent, for recovery of an amount of Rs.314115/- +404811.50. 3. Questioning the said show cause notices as well as the report, the present writ petition has been preferred. 4. Learned counsel for the writ petitioner submits that the show cause notices cannot be sustained as they are based upon the findings returned in the enquiry report, which are conclusive and final. According to him, the very purpose of issuing of show cause notices stands an empty formality and further the recovery is time-barred and also Smt. Ganga Devi who was Gram Pradhan, though show cause notice has been issued and proceedings are continued, but she has already expired. 4. Sri Vishal Singh, learned Standing Counsel as per the instructions on the other hand submits that whatever might be, a show cause notice has been issued and according to him any observations or findings so recorded Versus Counsel for Petitioner(s) : Astitva Srivastava, Pankaj Kumar Srivastava Counsel for Respondent(s) : C.S.C. Rajesh Kumar Gautam .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) bearing would not be a factor to be a conclusive finding, as the same would be tentative and provisional subject to reply so submitted by the writ petitioner and no coercive action shall be taken against the writ petitioner, till a final order is passed post submission of the reply and consideration of the show cause notice. 5. I have considered the submissions so made across the Bar and perused the record. 6. The facts are not an issue. Apparently, with respect to certain acts and omissions while writ petitioner was posted as Gram Vikas Adhikari proceedings stood undertaken and certain observations and findings stood recorded and according to the writ petitioner, certain findings stood recorded, which are prejudicial to the writ petitioner, as according to him, though a show cause notices came to be issued on 05.06.2025/25.06.2025, but the same would be an empty formality, particularly when there happens to be a predetermined mind. 7. Since, a stand has been taken by Sri Vishal Singh, learned Standing Counsel for the State, that any observations or findings would be tentative in nature, being provisional subject to the reply so submitted by the writ petitioner, thus this Court without delving any further, is disposing of the present petition in the following terms and manner:- (a) The observations made in the order dated 05.06.2025 would be treated to be tentative and provisional. (b) The writ petitioner shall submit a reply to the show cause notice dated 25.06.2025 issued by the District Panchayat Raj Officer by 14.11.2025. The District Panchayat Raj Officer, Pilibhit shall proceed to pass an order upon the reply after considering the contentions so raised by the writ petitioner within a period of one month thereafter. Since a stand has been taken by the learned Standing Counsel that any recovery, if it is to be made post passing of the order or the reply to the show cause notice, thus in view of the said facts, no coercive action shall be taken till the passing of the order. 8. With the aforesaid observations, the writ petition stands disposed of. October 15, 2025 N.S.Rathour WRIA No. 15147 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad