RAIS UDDIN Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition is directed against the order of the District Magistrate dated 15.12.2008 whereunder he has changed the final enquiry officer qua the final enquiry proceedings initiated against the elected Pradhan under Section 95(1)(g) of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 (herein after referred to as the 1997 Rules). Counsel for the petitioner challenging the order contends that the earlier Enquiry Officer namely the Executive Engineer had submitted his final report on 28.11.2008 and therefore, the District Magistrate was not justified in altering the final enquiry officer without examining the correctness or otherwise of the final enquiry report submitted by the Executive Engineer. I have heard learned counsel for the parties and have gone through the records of the present writ petition. The report of the Executive Engineer dated 28.11.2008 refers to an order of the District Magistrate dated 24.09.2008 whereunder the said Executive Engineerwas appointed as final enquiry officer. The order impugned in the present writ petition dated 15.12.2008 only records that the earlier order dated 24.09.2008 is being amended and now the final enquiry will be conducted by the District Panchayat Raj Officer in place of Executive Engineer. I am of the considered opinion that it is always open to the District Magistrate to change the Enquiry Officer. From the order impugned it is prima facie apparent that the Enquiry Report dated 28.11.2008 said to have been submitted by the Executive Engineer earlier was either not placed before the District Magistrate or else he has not examined the same. In view of the aforesaid this writ petition is disposed of by providing that the District Magistrate may call for the records and satisfy himself as to whether the Enquiry Report dated 28.11.2008 was received in his office prior to the passing of the order dated 15.12.2008 or not. If the report had not been so received no further action is required to be taken and the District Magistrate may pass orders for the enquiry being proceed as per the order dated 28.11.2008. In case the report had been received the District Magistrate may examine as to what action is required to be taken thereon. He is at liberty to pass such further orders as may be necessary and in the interest of justice with reference to the report dated 15.12.2008. The order impugned in the writ petition dated 28.11.2008, in that circumstance, shall be subject to the orders to be passed by the District Magistrate as indicated above. The aforesaid exercise may be completed within four weeks from the date a certified copy of this order is filed before the District Magistrate. With the aforesaid observations, the writ petition is disposed of.