SHAFIQ AHMAD Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) BY means of present writ petition, under Article 226 of the Constitution of India, the Petitioner has challenged an order passed by the Sub -Divisional Officer, Kashipur dated 31 -7 -1991. Whereby the Petitioner, who is Pradhan of the Gaon Sabha, was suspended with immediate effect and Tehsildar, Kashipur was appointed for conducting enquiry against the Petitioner for the charges levelled against the Petitioner. While passing the aforesaid suspension order, the Sub -Divisional Officer recorded "I am in agreement with the enquiry report of the Enquiry Officer and the complaints, which have been found to be correct in the preliminary enquiry, are so serious that it has become necessary to suspend the Pradhan.

(2.) THE Petitioner, in the present writ petition, has obtained an ex parte interim order in his favour, whereby the operation of the impugned order dated 31 -7 -91 was initially stayed till 24 -10 -91.

(3.) SRI S.S. Rathore, counsel, appearing for Sri Bhagesh Singh, raised a preliminary objection, regarding maintainability of the writ petition and contended that the Petitioner has an alternative remedy of filing a revision before the Commissioner. As such, the writ petition deserves to be dismissed on the ground of availability of alternative remedy, which is equally efficacious and speedy.