RAJ PAL SINGH Vs. COMMISSIONER MEERUT DIVISION

JUDGEMENT

(1.) PETITIONER, who claims to be a Pradhan of Gaon Sabha, was suspended by the Sub Divisional Officer on 13-10-1992 (under section 95 (1) (gg) of the U. P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act). Against this order he filed a revision which was dismissed by the Commissioner by order dated 2-11- 1993, It is against these two orders that this writ petition has been filed by the petitioner. PETITIONER has also filed a supplementary affidavit along with which he has filed an order of the State Government dated 13th December 1993, whereby earlier notification dated 14th October, 1976, which was passed under section 96-A of the said Act, has been withdrawn/cancelled.

(2.) I have heard learned counsel for the petitioner and learned Standing Counsel. As both Che parties have agreed that this writ petition may be disposed of without calling for counter affidavit, because no factual controversy is involved, it is being decided at admission stage.

(3.) THE Commissioner dismissed the revision of the petitioner before 13-12-1993. THE orders passed by the Sub Divisional Officer, suspending the petitioner, and the Commissioner, dismissing the revision, cannot be said to be bad merely because the notification dated 14-10-1976 passed under section 96 -A of the Act delegating the power to the Sub Divisional Officer and conferring the revisional power on the Commissioner has been withdrawn subsequently.