RAMAWATI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) S. K. Sen, C. J. Heard Shri R. C. Singh, learned Counsel for the appellant and Shri Ranvijay Singh, learned Counsel for the State- respondent.

(2.) THIS special appeal is directed against the order passed by the learned Single Judge in writ No. 35676 of 2000 dated 29-8- 2002 where the impugned order dated 21/22-6-2002 passed by District Panchayat Raj Officer, 'kushinagar at Padrauna has been challenged.

(3.) RULES have been framed namely the U. P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry RULES, 1997. The enquiry which is referred to in Section 95 (1) (g) proviso is enquiry which is held in accordance with 1997 RULES. Rule 4 of the aforesaid Rule refers to preliminary enquiry. Rule 4 is quoted as below : "4. Preliminary Enquiry.- (1) The State Government may on the receipt of complaint or report referred to in Rule 3 or otherwise order to the District Panchayat Raj Officer to conduct a preliminary enquiry with a view to find out if there is a prima facie case for a formal enquiry in the matter. (2) The District Panchayat Raj Officer shall conduct the preliminary inquiry as expeditiously as possible and submit his report to the State Government within a fortnight of his having been so ordered. "