HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 39 Case :- WRIT - A No. - 37880 of 2011 Petitioner :- Vishnu Deo Patel Respondent :- State Of U.P. And Others Petitioner Counsel :- Girijesh Tiwari Respondent Counsel :- C.S.C. Hon'ble Rajes Kumar,J.
By means of the present writ petition, the petitioner is challenging the suspension order dated 14.6.2011. The petitioner is a Gram Vikas Adhikari. The allegation in the suspension order is, namely, that in the year 2010-11 under the scheme of Maha Maya Avas Yojana, the allotment of the houses was made to Smt. Sunita, wife of Yogendra and Raj Kumar, son of Mohan, while both were already having the houses and further on inquiry it was found that certain houses under the schemes of Maha Maya Avas Yojana and Indira Avas Yojana have not been completed with the stipulated period.
The contention of the petitioner is that the allotment has not been made by the petitioner. There is a Committee, constituted by three Senior Officers, and on the recommendation / direction of the said Committee, which is dated 5.7.2010 the houses have been allotted. Therefore, the petitioner had no role in the allotment of the houses. So far as second allegation is concerned, it is submitted that for the construction of the house, the money is allotted to the allottees and the allottees have to construct the house within the stipulated period. In case if the house is not being completed within the stipulated period, the notices have been issued to them and the information in this regard has been given to the higher Officers for necessary action. The action has to be taken on the part of the higher Officers. He submitted that in one year the petitioner has been transfered four times.
There appears to have substance in the submission of learned counsel for the petitioner.
Learned Standing Counsel is directed to seek instruction in the matter, if so advised, may file counter affidavit by 19.7.2011.
Put up on 19.7.2011 as fresh.
Order Date :- 13.7.2011 OP