Allahabad High Court
Manish Kumar Tripathi vs State Of U.P. & Ors. on 14 July, 2010
Author: V.K. Shukla
Bench: V.K. Shukla
Court No. - 21 Case :- WRIT - C No. - 40252 of 2010 Petitioner :- Manish Kumar Tripathi Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Sushil Kumar Shukla Respondent Counsel :- C.S.C. Hon'ble V.K. Shukla,J.
Learned standing counsel has accepted notice on behalf of respondents. He may file counter affidavit in this case by the next date fixed.
It has been contended on behalf of the petitioner that in the present case at no point of time, as is provided for under the first proviso to Section 95 (1) (g) of the U.P. Panchayat Raj Act read with Enquiry Rules, 1997 any preliminary enquiry was conducted and straightaway on the basis of the report submitted action has been taken, and even the reply submitted by the petitioner has not been considered.
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. Sabir 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 :- 14.7.2010 SRY