RAO BAHADUR ALI KHAN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By means of this petition, preferred under Article 226 of the Constitution of India, the petitioner has prayed to issue writ in the nature of certiorari quashing the impugned order dated 25.02.2009 passed by the respondent no.1 (annexure 12 to the writ petition). A further writ of mandamus has been sought commanding the respondents to proceed with further necessary action against the respondent no.4 in furtherance of the inquiry report submitted by the Enquiry Officer i.e. Commissioner, Garhwal Division, Pauri against her.

(2.) Briefly stated, facts of the case are that the respondent no.4-Smt. Ramesho Devi was elected as the Chairman of the Zila Panchayat, Haridwar, in the elections held in the year 2005. Thereafter, the petitioner-Rao Bahadur Ali Khan and nine other members of the Zila Panchayat, made a complaint to the respondent no.1 on 31.3.2006 alleging certain allegations against the respondent no.4. After that the District Magistrate, Haridwar vide order dated 29.9.2006 was appointed as Enquiry Officer by the State Government in view of Rule 4 of U.P. Kshettra Panchayats & Zila Panchayats (Removal of Pramukhs, Up-Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 1997 [hereinafter to be referred as the Rules] to conduct the preliminary enquiry in the matter and submit the report in the matter. After that on 17.10.2007, the respondent no.1 directed the District Magistrate to enquire into the allegations made in the complaint and to submit his report within one week. Since the enquiry as envisaged under Rule 4 of the Rules was not completed within a fortnight by the District Magistrate, having been so appointed, the petitioner preferred a writ petition before this Court being WPMS No.2348/2007, which was disposed of by this Court vide order dated 23.11.2007 directing the District Magistrate, Haridwar to conduct the preliminary enquiry in the spirit of Rule 4 of the Rules of 1997, as expeditiously as possible and submit the same to the State Government. Thereafter, it appears that the District Magistrate, Haridwar conducted the preliminary enquiry and submitted his enquiry report on 27.11.2007. Thereafter, as per Rule 5 of the Rules, the State Government vide its order dated 11.12.2007 appointed the Commissioner, Garhwal Mandal for a detailed enquiry in the matter and the Commissioner was directed to submit his enquiry report along with his recommendations expeditiously to the Government. After that the petitioner preferred another writ petition bearing WPMS No.53/2008, in which on 4.4.2008, this Court passed the following interim order: -

(3.) Assailing the order dated 4.4.2008 passed by the learned Single Judge of this Court, the respondent no.4- Smt. Ramesho Devi preferred a Special Appeal, which was listed as Special Appeal No.60/2008. Vide judgment and order dated 30.4.2008, the said appeal was dismissed by the Division Bench of this Court thereby directing that WPMS No.53/2008 filed by Rao Ali Bahadur Khan and WPMS No.731/2008, filed by Ramesho Devi be heard and disposed of together. However, WPMS No.731/2008 filed by petitioner-Ramesho Devi was withdrawn by the petitioner with liberty to file afresh while WPMS No.53/2008 filed by the petitioner was also dismissed as infructuous for the reason that the Government had taken a decision on the preliminary enquiry report by directing to hold final enquiry and divesting the respondent no.4 of her administrative and financial powers.