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2025 DAILYLAW 70015 (ALL)

SMT. SHAKUNTALA DEVI v. STATE OF U.P. AND 3 OTHERS

WRIC/20591/2025 · 2025-09-17

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 20591 of 2025 Court No. - 6 HON'BLE PRAKASH PADIA, J. 1. Heard learned counsel for the petitioner, learned Standing counsel for the State and Sri Satyam Mishra, learned counsel for complainant- respondent. 2. The petitioner preferred the present petition inter alia with the prayer to quash the impugned order dated 04.06.2025 passed by respondent no.2- District Magistrate, Auraiya. By the aforesaid order, the financial and administrative powers of the petitioner has been seized. 3. It is argued by learned counsel for the petitioner that the aforesaid order is per se illegal and the same has been passed under complete violation of the provisions contained under the UP Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. It is further argued that earlier on the same charges, the enquiry was conducted, an enquiry report was submitted on 28.05.2024 and the petitioner was exonerated but thereafter a fresh order had passed without considering the earlier enquiry report submitted by the enquiry officer. 4. On the other hand, it is argued by learned Standing counsel that after going through all the relevant aspects of the matter, the order passed by the respondent no.2 but in the interest of justice, a direction may be given to conclude the enquiry expeditiously. 5. This prayer has not been opposed by learned counsel for the petitioner. 6. Considering the facts and circumstances of the case and with the Versus Counsel for Petitioner(s) : Ajay Mishra, Shri Krishna Mishra Counsel for Respondent(s) : C.S.C., Rajesh Kumar, Satyam Mishra Smt. Shakuntala Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) consent of the parties, the present petition is disposed of directing the respondent no.2-District Magistrate, Auraiya to look into the matter and take final decision in the matter within a period of three weeks, in accordance with law. 7. Registrar (Compliance) is directed to communicate a copy of this order to respondent no.2- District Magistrate, Auraiya. September 18, 2025 S.K. WRIC No. 20591 of 2025 2 (Prakash Padia,J.) Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad