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2008 Supreme(All) 1079

SUNIL AMBWANI
RAJENDRA SINGH – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
D.K.S. Rathore for the Petitioner; S.C., Ashok Nath Tripathi for Complainant.

JUDGMENT

Hon’ble Sunil Ambwani, J.—Heard Shri D.K.S. Rathore, learned Counsel for the petitioner and learned Standing Counsel. Shri Ashok Nath Tripathi has filed an impleadment application on behalf of Shri Yashveer Singh, the complainant.

2. With the consent of the parties the matter was finally heard and is being decided at the admission stage.

3. The petitioner is the elected Pradhan of Gram Panchayat Dharupur, Development Block-Noorpur, Distt. Bijnor. Shri Yashveer Singh, Shri Mahesh Kumar and Shri Nripendra Kumar, the residents of Gram Panchayat Dharupur made a complaint to the District Magistrate alleging misuse of office and irregularities in carrying out development works. The District Magistrate appointed the Soil Conservation Officer-respondent No. 3 as enquiry officer to conduct preliminary enquiry under Section 95 (1)(g) of the U.P. Panchayat Raj Act, 1947 on the allegations made against the petitioner. The enquiry officer submitted a preliminary enquiry report on 2.11.2007 on which a show cause notice was issued to the petitioner on 1.1.2008 alleging, (1) the construction work in pond was made without making the inlet and slope; (2) one of the four rooms constructed in th






























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