TIRATH RAM YADAV Vs. STATE OF U.P.

JUDGEMENT

(1.) This Court on 17.4.2019 passed the following order:

(2.) In pursuance thereof the learned C.S.C. Sri J.P. Maurya has placed before the Court government order dated 18.4.2019 which has been issued to all the District Magistrates, however, this Court finds that there is another aspect of the matter which has been considered in the judgment dated 11.3.2019 passed in Writ Petition No.20971 (MS) of 2018 wherein the provisions of section 95(1)(g) has been considered and it has been held as under:

(3.) In view of the above enunciation of law final inquiry report is required to be furnished to the Gram Pradhan alongwith the show-cause notice before passing the order of removal in keeping with requirement of a reasonable opportunity of showing cause against the action proposed under the second proviso to section 95(1)(g). The government order dated 18.4.2019 does not deal with this aspect of the matter, therefore, it would be appropriate for the Principal Secretary, Panchayat Raj, Government of U.P., to issue a government order in this regard also to all the District Magistrates in the State of U.P. so as to avoid further litigation in the matter.