Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13845 of 2025 Court No. - 4 HON'BLE AJIT KUMAR, J. Heard Sri Birendra Singh, learned counsel for the petitioner as well as learned Standing Counsel. By means of this petition filed under Article 226 of the Constitution, petitioner has questioned the order passed by District Magistrate dated 18.08.2025 for an enquiry/ investigation into the financial charges in respect of certain development activities conducted in the village panchayat concerned. It is argued that earlier also similar complaint was made by the same complainant in respect of certain development activities carried out for a period running from January 2021 till May 2021 and after investigation nothing was found to frame petitioner into charges. It is submitted that subsequently also a first information report was lodged by Vijay Bahadur in which final report has also been submitted and thus, the charges regarding financial embezzlement are absolutely baseless and hence the second enquiry could not have been set into motion on same charges. Per contra it is argued by learned Standing Counsel that first enquiry was held in respect of certain development activities carried out in a particular period, whereas, now a complaint has come to be made regarding certain misappropriation of budget of the panchayat meant to be spent on development activities and hence it is further submitted that it is not reflected from the enquiry or earlier enquiry report that the same were the complainants whose complaint had been earlier taken into consideration for Versus Counsel for Petitioner(s) : Birendra Singh, Swati Singh Counsel for Respondent(s) : C.S.C. Mukesh Kumar Tiwari .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s)
setting into motion enquiry. Having heard learned counsel for the respective parties and having perused the records, I find merit in the submissions advanced by learned Standing Counsel that only a mere enquiry has been directed and the petition is therefore, premature. In so far as the petitioner's case is concerned that earlier enquiry was made in the matter, I see no reason for the respondents authorities to not consider the earlier report if the relate to the same development activities.
Petitioner shall have ample opportunity to raise his pleas by making detailed reply bringing on record the earlier enquiry report also and if he does so, the respondents who have been directed to hold inquiry into the matter under the order impugned, shall consider the same and thereafter, only submit any report. It is also provided that petitioner shall be afforded with reasonable opportunity to represent his case before the enquiry officer. With these observations and directions this petition stands disposed of. September 16, 2025 IrfanUddin WRIA No. 13845 of 2025 2 (Ajit Kumar,J.) Digitally signed by :- IRFAN UDDIN SIDDIKI High Court of Judicature at Allahabad