WPMS/304/2021
2021 Latest Caselaw 461 UK

IN THE HIGH COURT OF UTTARAKHAND
                      AT NAINITAL
       ON THE 24NDDAY OF FEBRUARY, 2021
                           BEFORE:
 HON'BLE SHRI JUSTICE MANOJ KUMAR TIWARI


         Writ Petition (M/S) No. 304 of 2021


BETWEEN:

Rao Afaq Ali
                                                  ....Petitioner
       (By Mr. M.S. Pal, Senior Advocate assisted by Mr. Sachin,
       Advocate)


AND:

Secretary through Zila Panchayat & others.
                                              .....Respondents

       (By Mr. T.S. Phartiyal, Additional C.S.C. for the State of
       Uttarakhand & Mr. Tapan Singh, Advocate for respondent
       No. 5)


                        JUDGMENT

Petitioner is an elected Vice-President of Zila Panchayat, Haridwar. He is aggrieved by the order dated 28.01.2021 passed by Secretary, Zila Panchayat, Uttarakhand, whereby he has been placed under suspension till pendency of final enquiry.

2. A perusal of the impugned order indicates that preliminary enquiry was held against the petitioner and based on the preliminary enquiry, a decision was taken to hold regular enquiry against the petitioner. By invoking provisions, contained in Section 138(4) of the Panchayati Raj Act, petitioner

has been placed under suspension. Since there is express provision for suspension of a Chairman/Vice- Chairman of a Zila Panchayat during pendency of final enquiry, therefore, there is no scope for interference with the impugned order.

3. In such view of the matter, writ petition fails and is dismissed. However, petitioner shall be at liberty to raise all contentions before the Enquiry Officer. This Court hopes and expects that the enquiry shall be concluded as early as possible.

(MANOJ KUMAR TIWARI, J.) Aswal