RAIS AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) -Heard Sri Subodh Kumar, the learned counsel for the petitioner and the learned standing counsel for respondent Nos. 1 to 5.

(2.) INSPITE of a stop order and inspite of repeated time being granted to the respondents to file a counter-affidavit and inspite of a stop order, no counter-affidavit has been filed. Consequently, the Court is proceeding with the final disposal of the case on the basis of the averments made in the writ petition.

(3.) A perusal of the first proviso indicates that an enquiry would be held by such person in such manner as may be prescribed. The words 'enquiry' and "as may be prescribed" are of importance, which in my opinion, would mean an enquiry to be conducted in the manner prescribed under the Rules. The State Government in exercise of the powers conferred under Section 110 read with clause (g) of sub-section (1) of Section 95 of the Act has promulgated the U. P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. Section 2 (c) defines the enquiry officer as under :