Allahabad High Court
Pawan Kumar Nayak vs State Of U.P. And Others on 21 July, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
Court No. - 21 Case :- WRIT - C No. - 42018 of 2010 Petitioner :- Pawan Kumar Nayak Respondent :- State Of U.P. And Others Petitioner Counsel :- P.N. Singh Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
In the present case complaint had been made in respect of Gram Panchayat Adhikari and the Pradhan of the village qua NAREGA FUNDS and Mid Day Meal. On the said complaint being moved, the Block Development Officer asked the Assistant Engineer, Rulra Engineering Service/Assistant Development Officer (Panchayat), Block Pauli, District Sant Kabir Nagar to make enquiry and submit report on 21.06.2010. Thereafter, Block Development Officer has mentioned that team be constituted and report be called upon.
Petitioner has approached this Court for quashing of the said order along with order dated 15.06.2010, whereby the Chief Development Officer had asked the Executive Engineer, Canal Division to inquire into the matter. In the present case contention of the petitioner is that he was pradhan of the village and inquiry was got conducted as envisaged under Enquiry Rules, 1997. In the present case accepted position is that complaint had been made against functioning of Pradhan and on the said comnplaint being made, Administrative Head is getting internal enquiry conducted in the matter. Present writ petition has been filed by contending that the said enquiry would amount harassment and victimization.
Once complaint had been made and enquiry is being conducted, then the petitioner cannot have any grievance on the said score, specialy when no prejudicial order has been passed or any such action has been taken against the petitioner. Writ petition lacks substance and the same is dismissed.
Order Date :- 21.7.2010 SRY