PYAR SINGH Vs. STATE OF YTTARAKHAND

JUDGEMENT

(1.) HEARD Mr. N.S. Pundir, Advocate for the petitioner and Mr. Paresh Tripathi, Additional Chief Standing Counsel for the State of Uttarakhand.

(2.) THE petitioner was elected as a Gram Pradhan of Gram Panchayat Aarsh Block Bhilangana District Tehri Garhwal in the year 2008. The Gram Pradhan is elected for a period of five years. Respondent No. 6 - Jai Pal Singh, who is a resident of the same village, moved a complaint before the State Government alleging certain irregularities against the elected Gram Pradhan i.e. present petitioner. On receiving this complaint, the Officer, authorized by the State Government conducted an enquiry into the matter. The procedure as to what has to be done under these conditions is given in Rule 3 of Uttar Pardesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as 'the Rules of 1997"). Rule 3 of Rules 1997 reads as under :-

(3.) ONE of the contentions of the petitioner is that under Rule 2(c) of the Rules of 1997 'Enquiry Officer' means the District Panchayat Raj Officer or any other district level Officer, to be nominated by the District Magistrate. However, this amendment was brought only on 5th October, 2001 in the State of Uttara Pradesh. In the earlier unamended provision of Rule 2(c) of the Rules of 1997 reads as under:-