Jabir Ali vs State Of U.P. Thru. Secy. ...
2023 Latest Caselaw 3891 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 7
 

 
Case :- WRIT - C No. - 978 of 2023
 

 
Petitioner :- Jabir Ali
 
Respondent :- State Of U.P. Thru. Secy. Panchayati Raj , Lko. And 5 Others
 
Counsel for Petitioner :- Umesh Dixit,Trilok Kumar Trivedi
 
Counsel for Respondent :- C.S.C.,Shobhit Mohan Shukla
 

 
Hon'ble Abdul Moin,J.

Heard learned counsel for the petitioner, learned Standing Counsel for respondents no.1 and 2 and Sri Nitesh Kumar Mishra holding brief of Sri Shobhit Mohan Shukla, learned counsel for respondent no.3.

No notice be issued to private respondents taking into consideration the nature of order proposed to be passed.

The contention of learned counsel for the petitioner is that the petitioner had filed a complaint against the Ex- Gram Pradhan, Village Development Officer and Assistant Development Oficer, Panchayat under the provisions of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997. When no action was taken by the authorities on the said complaint, the petitioner was constrained to file a writ petition in the nature of Public Interest Litigation No.18 of 2022 in re: Jabir Ali vs. State of U.P. and others, and this Court vide judgment and order dated 19.01.2022, a copy of which is Annexure-9 to the petition, disposed of the petition leaving it to the discretion of respondent no.2 to decide the complaint in accordance with law. It is contended that subsequent thereto, the District Magistrate, Sitapur, through an order dated 21.02.2022, a copy of which is Annexure-2 to the petition, has required respondent no.3 i.e. Basic Shiksha Adhikari, Sitapur to inquire into the matter but despite lapse of almost a year no action has been taken by respondent no.3 in this regard and hence the instant petition.

On the other hand, Sri Nitesh Kumar Mishra holding brief of Sri Shobhit Mohan Shukla, learned counsel for respondent no.3, informs that in pursuance to the order dated 21.02.2022 passed by the District Magistrate, Sitapur, a reminder has been issued to respondents no.4, 5 and 6 for submitting their explanation and as soon as explanation is received from the aforesaid three persons, the inquiry would be finalized. It is also stated on the basis of instructions that the inquiry would be finalized in any view of the matter within a period of two months from today.

The aforesaid statement of learned counsel for respondent no.3 is recorded and the petition is disposed of.

Order Date :- 7.2.2023

A. Katiyar