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2002 Supreme(All) 26

R.R.YADAV
CHANDRAJIT RAJ BHAR – Appellant
Versus
DISTRICT MAGISTRATE, PILIBHIT – Respondent


Advocates Appeared:
ATEEQ AHMAD KHAN, R.N.SHARMA

R. R. YADAV, J. ( 1 ) HEARD the learned counsel for the petitioner.

( 2 ) PERUSED the averments made in the writ petition.

( 3 ) THE present petition is posted today for admission, but with the consent of the learned counsel for the parties, I propose to decide it on merits at admission stage.

( 4 ) BY filing the instant writ petition, the petitioner is seeking a relief for quashing the order impugned dated 2. 11. 2001 (Annexure-8 to the writ petition) and order dated 26. 12. 2001 passed by the District Magistrate, Pillbhit under Section 95 (1) (g) of U. P. Panchayat Raj Act, a copy whereof is filed and marked as Annexure-10 to the writ petition, on the ground, inter alia, that no preliminary enquiry has been held against him by District Panchayat Raj Officer under the U. P. Panchayat Raj (Removal of Pradhans, Up Pradhans and Members) Enquiry, Rules, 1997 (hereinafter referred as Rules of 1997) to arrive at a prima facie conclusion that he has committed financial and other irregularities and no opportunity of showing cause has been afforded to him against the action proposed within the meaning of second proviso of Section 95 (1) (g) of U. P. Panchayat Raj Act, (hereinafter referred











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