SWARAN DASS Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Brief facts necessary for the adjudication of this petition are that the petitioner was elected as a Pradhan of Gram Panchayat, Takka in the year 2000. He was re-elected in the month of December, 2005. Respondent No. 4 filed complaint against the petitioner to the Additional District Magistrate, Una on 24.12.2007. The enquiry was conducted by the Additional District Magistrate, Una on 27.5.2008. In sequel thereto, notice dated 25.8.2008 was issued to the petitioner calling upon him to file reply to the same within 15 days.

(2.) Mr. Ajay Sharma, Advocate has vehemently argued that the issuance of notice dated 25.8.2008 is without authority of law. According to him, once the matter has already been looked into by the Vigilance Bureau, it was not open to the Additional District Magistrate to hold another enquiry.

(3.) Mr. R.K. Bawa, learned Advocate General has supported the issuance of notice dated 25.8.2008. He then argued that the writ petition is pre-mature since the petitioner has approached the Court before filing reply to show cause notice.