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2019 Supreme(All) 2467

IN THE HIGH COURT OF ALLAHABAD
BALA KRISHNA NARAYANA, SHAMIM AHMED, JJ.
Ramdulare Ram - Petitioner
Versus
State of UP and Others - Respondent
Public Interest Litigation (PIL) No. 2362 of 2019
Decided On : 13-12-2019

Advocates:
Advocate Appeared:
For the Petitioner: Pushpendra Kumar Yadav, Vidya Kant Tripathi
For the Respondent: C.S.C., Manoj Kumar Yadav

Headnote:

Public Interest Litigation - Quashing of Orders - U.P. Panchayat Raj Act 1947, Section 95(1)(g) - Article 243-B, Article 243-C - Removal of Pradhans, Up-Pradhans and Members Enquiry Rules, 1997 - The court dismissed the public interest litigation seeking to quash the orders dated 19.01.2019 and 16.09.2019 passed by the District Panchayat Raj Officer, Chandauli, exonerating the respondent no. 5/6. The court held that the respondent no. 5/6 was not found guilty based on the preliminary enquiry report, and therefore, there was no justification for quashing the impugned orders.

Fact of the Case:

The petitioner filed a public interest litigation seeking to quash the orders dated 19.01.2019 and 16.09.2019 passed by the District Panchayat Raj Officer, Chandauli, exonerating the respondent no. 5/6. The petitioner alleged gross illegalities committed by the Gram Pradhan and sought necessary action against him.

Finding of the Court:

The court found that the respondent no. 5/6 was not found guilty based on the preliminary enquiry report, and therefore, there was no justification for quashing the impugned orders.

Issues: The issues involved the quashing of orders dated 19.01.2019 and 16.09.2019 passed by the District Panchayat Raj Officer, Chandauli, and the petitioner's request to reopen the matter which had already attained finality after the inquiry reports submitted by the Enquiry Officer.

Ratio Decidendi: The court held that the respondent no. 5/6 was not found guilty based on the preliminary enquiry report, and therefore, there was no justification for quashing the impugned orders.

Final Decision: The court dismissed the public interest litigation, stating that it was wholly misconceived and lacked merit.

JUDGMENT :

SHAMIM AHMED, J.

1. Heard learned counsel for the petitioner and learned counsel for the respondents.

2. This public interest litigation petition under Article 226 of the Constitution of India has been filed by the petitioner with the following prayer to :-

    (i) Issue a writ, order or direction in the nature of certiorari to quash the impugned order dated 19.01.2019 and 16.09.2019 passed by respondent no.3 (Annexure Nos. 9 and 10 to this writ petition).

(ii) Issue a writ, order or direction in the nature of mandamus directing to the respondent nos. 2 to 4 to re-inquiry against the respondent nos. 5 to 6 for constructing the work in village Baranga, Post Sayyed Raja, District Chandauli and also be directed to respondent no. 2 to decide the application dated 10.10.2019 (Annexure no. 11 to the writ petition) filed by the petitioner before respondent no. 2 for re-inquiry the work completed by respondent nos. 5 to 6 in village Baranga, Post Sayyed Raja, District Chandauli.

(iii) Any other writ, order or direction as this Hon'ble Court may deem fit and proper in the nature and circumstances of the case.

(iv) Award the cost of the petition to the petitioner.

3. The submission of learned counsel for the petitioner is that the respondent no. 6 who is the Gram Pradhan of village Baranga, Post-Sayyed Raja, District-Chandauli committed gross illegalities in doing the work of the said Gram Sabha and the petitioner gave several applications/representations before the authority concerned for conducting inquiry into the works done by the respondent no. 6 and for taking necessary action against him but no action was taken by the authority concerned. Thereafter, the petitioner moved an application on 17.07.2018 before the District Magistrate, Chandauli alongwith affidavit dated 22.05.2018 under Section 95(1)(g) of the Act with a prayer to assess the financial work of respondent no. 6 and take legal action against him. In the application (Annexure No. 3 to the writ petition), the petitioner had set forth several points which were required to be investigated but no action was taken by the District Magistrate. Thereafter, left with no alternative, the petitioner filed Writ Petition (PIL) No. 5126 of 2018 (Ramdulare Ram Vs. State of U.P. And 5 Others) before this Hon'ble Court and this Hon'ble Court vide judgment and order dated 23.01.2019 finally disposed of the same. Relevant part of order dated 23.01.2019 is quoted hereinbelow:-

    "We, accordingly, dispose off the writ petition with a direction to the District Panchayat Raj Officer, Chandauli to ensure that the enquiry is concluded within a period of one month and a copy of the enquiry report is provided to the petitioner, as already stated by him in the instructions."

4. Learned counsel for the petitioner further submitted that when no action was taken by the respondents in compliance of the judgment and order dated 23.01.2019, the petitioner filed a Contempt Application (Civil) No. 5469 of 2019 (Ramdulare Ram Vs. Uma Shankar Mishra, District Panchayat Raj Officer, Chandauli) before this Hon'ble Court and the same was disposed of vide order dated 27.08.2019. Relevant part of the order dated 27.08.2019 is quoted hereinbelow:-

    "It is reflected from the record that a certified copy of the aforesaid order was submitted for compliance before the opposite parties but the opposite parties have wilfully not complied with the order and, thus, have committed civil contempt liable for punishment under Section 12 of the Contempt of Courts Act, 1971.

Prima facie a case of contempt has been made out. However, considering the facts and circumstances of the case, one more opportunity is afforded to the opposite parties to comply with the aforesaid order of the Court within one month from the date of production of a certified copy of this order.

The applicant shall supply a duly stamped registered envelope addressed to the opposite parties and another self-addressed stamped envelope to the office within one week

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