Allahabad High Court
Smt. Shailendri Rai vs State Of U.P. And Others on 9 July, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
Court No. - 21 Case :- WRIT - C No. - 39405 of 2010 Petitioner :- Smt. Shailendri Rai Respondent :- State Of U.P. And Others Petitioner Counsel :- J.A. Azmi Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of respondents. He prays for and is granted eight weeks time to file counter affidavit. Rejoinder affidavit may be filed within next four weeks.
List thereafter.
It has been stated on behalf of the petitioner that in the present case, as is envisaged under the proviso to Section 95 (1) (g) of the U.P. Panchayat Raj Act, 1947 read with Eqnuiry Rules, 1997, at no point of time any enquiry had ever been conducted into the matter, and coupled with this, to the show cause notice issued toi the petitioner adequte reply was submitted by him through District Basic Education Officer, giving therein reason on account of which mid day meal could not bne prepared and the said informatioin was got received in time. Petitioner submits that as the procedures provided for under the Act and the Rules have not been adhered to and coupled with this reply submitted by the petitioner has not at all been considered in its correct perspective, the action taken is unsustainable.
Issue which has been sought to be raised has already been referred to Larger Bench in Civil Misc. Writ Petition No. 60951 of 2009 (Madho Lal (Pradhan) Vs. State of U.P. and others) and Civil Misc. Writ Petition No. 49305 of 2009 (Het Kishan Vs. State of U.P. and others).
Aforesaid orders have been affirmed by Division Bench comprising Hon'ble Acting Chief Justice & Hon'ble A.P.Sahi in Special Appeal No. 528 of 2010 (Smt. Sofficer had been appointed to make enquiryabir Vs. State of U.P. and others) decided on 28.04.2010.
Consequently, connect this writ petition alongwith the record of aforesaid writ petitions.
Interim order which has been passed therein on the same term and condition, shall be extended to the petitioner also.
Order Date :- 9.7.2010 SRY