GANESH RAM Vs. DISTRICT MAGISTRATE GHAZIPUR

JUDGEMENT

(1.) -Heard learned counsel appearing on behalf of learned counsel for the parties. The petitioner filed the present writ petition under Article 226 of the Constitution of India with the following prayers : "(a) issue a writ, order or direction in the nature of certiorari quashing the order dated 28.3.2000 passed by the respondent No. 1 (as contained in Annexure-3 to this writ petition). (b) issue a writ, order or direction in the nature of mandamus directing the respondent No. 1 not to interfere with the functioning of the financial work of the petitioner. (c) issue any other such writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (d) award the cost of the petition to the petitioner."

(2.) A perusal of the judgment dated 16.3.2000, passed by this Court in Civil Misc. Writ Petition No. 2378 of 1999 filed by the petitioner, copy whereof has been annexed as Annexure-1 to the writ petition, clearly demonstrates that earlier since the enquiry conducted by an officer other than the District Magistrate was found to be not in accordance with law, therefore this Court left it open to the District Magistrate concerned to proceed with the enquiry in accordance with law. Pursuant to the aforesaid direction, the District Magistrate has issued a notice asking the petitioner to submit reply to the aforesaid notice and show cause as to why the action should not be taken against him and in case the petitioner does not submit reply to the said show cause notice, ex-parte order will be passed. The petitioner instead of submitting a reply before the District Magistrate concerned, rushed up straightaway to this Court by means of filing the present writ petition. In my opinion, till this stage none of the rights of the petitioner is affected. However, it will be open to the petitioner to submit the reply within two weeks from today and the reply so submitted shall not be rejected only on the ground of delay.