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2025 DAILYLAW 33725 (ALL)

MOHIT KUMAR SINGH v. STATE OF U.P. AND 3 OTHERS

WRIC/9055/2025 · 2025-05-07

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75426 Court No. - 33 Case :- WRIT - C No. - 9055 of 2025 Petitioner :- Mohit Kumar Singh Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Arti Devi,Atul Kumar Counsel for Respondent :- Ajeet Singh,Bhupendra Kumar Tripathi,C.S.C.,Himanshu Singh Hon'ble Prakash Padia,J. 1. Present writ petition has been filed by the petitioner inter-alia with the prayer to direct the respondent authority to esquire into the prevailing corruption and misappropriation of fund by the Gram Panchayat Barthra Kalan, Block Sakaldiha, District Chandauli. 2. It is argued by the learned counsel for the petitioner that on the complaint made by the petitioner, an inquiry officer has already been appointed and he was directed to submit his report within fifteen days. Order in this regard has been passed by the District Magistrate, Chandauli on 24.02.2024. 3. Learned Standing Counsel appearing on behalf of the State- respondents placed before this Court the instructions dated 22.04.2025. According to which, final report is submitted within a week and thereafter authority concerned will take final decision in the matter, expeditiously. 4. Preliminary objection has been raised by Sri Adarsh Singh, learned counsel appearing on behalf of caveator that in view of law laid down by Division Bench in Writ-C No. 55108 of 2013 (Raj Kumar Singh Versus State of U.P. and others) as well as Co- ordinate Bench of this Court in Misc. Single No. 36870 of 2018 (Vivek Singh and 7 other Versus State of U.P. and others), the complainant has no locus to approach this Court, raising his grievance. 5. In response to the aforesaid, it is argued by the learned counsel for the petitioner that complete procedure has been prescribed under Rule-3 of U.P. Panchayat Raj (Removal of Pradhan, Up- Pradhan and Members) Enquiry Rules, 1997 and according to Rule-3(1), complaint could be made by any person against the Pradhan, but same should be supported by own affidavit. Insofar as, present complaint was filed by the petitioner by supporting own affidavit. 6. In this view of the matter, this Court is of the opinion that writ petition is fully maintainable. 7. Heard Sri Atul Kumar, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondent nos. 1 to 4 and Sri Adarsh Singh, Advocate appearing on behalf of caveator. 8. In the facts and circumstances of the case and also in the interest of justice, the present writ petition is disposed of directing the authority concerned to conclude the inquiry and thereafter take final decision in the matter in accordance with law strictly, preferably within a period of three months from the date of production of certified copy of this order. Order Date :- 8.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad