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2019 Supreme(All) 834

SIDDHARTHA VARMA
Shaukat Hussain – Appellant
Versus
State Of U. P. – Respondent


Advocates:
Advocate Appeared:
Siddharth Nandan, Adv., T.P. Singh, Adv., Pankaj Kumar Gupta, Adv.

JUDGMENT :

Siddhartha Varma, J.

The petitioner is an elected Pradhan of Gram Panchayat Sonakpur Dehat, Vikas Khand, Moradabad, District - Moradabad. On 30.1.2018, a report was submitted by S.D.M. Sadar by which it was, prima facie, found that the petitioner was guilty of allegations made against him in various complaints which were placed before the officials of the State. When it was, prima facie, found that the petitioner was guilty of the alleged complaints which were made against him, then a show cause notice was issued to him on 26.2.2018. To this notice the petitioner had submitted his reply and an enquiry was undertaken by the Additional District Magistrate (E) who was appointed the Enquiry Officer. He submitted his report on 11.4.2018. Consequentially, an order of removal was passed by the District Magistrate 19.4.2018, which was challenged in writ petition being Writ - C No. 17011 of 2018. This writ petition was allowed on 30.5.2018 and the order dated 19.4.2018 was set aside and the District Magistrate was required to embark upon an enquiry afresh in the manner it was contemplated under Rules 5 & 6 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enq

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