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Judgment
(per Hon’ble The Acting Chief Justice Sri Manoj Kumar Tiwari)
This writ petition was filed in 2022 allegedly in public interest seeking the following relief:
I. Issue Writ, order, or direction in the nature of Mandamus Commanding Respondent Authorities to take Appropriate Legal Action on the Joint Enquiry Report dated 21/12/2020 annexed as Annexure no 3 within a stipulated time frame and further to initiate the Criminal and Disciplinary Proceedings against the Deliquent Employees
II. Issue Writ Order of Direction in the nature of Mandamus Commanding the Respondents to fill the post of Apar Mukhya Adhikari for Zila Panchayat Panchayat Pauri Garhwal.
III. Issue any other direction or order as this Hon'ble Court may deem fit and proper under the circumstances of the case
IV. Award costs of the writ petition to the petitioner.”
Learned counsel for the petitioner submits that an inquiry was held in respect of the irregularities committed by officers and employees of Zila Panchayat, Pauri Garhwal and it was found that financial irregularities were, in fact, committed by the officers and the employees.
It is contended that, despite the report submitted by the Inquiry Officer to the State Government, no decision is being taken.
In view of the relief sought and the pleadings made in the writ petition, we think that end of justice would meet if petitioner is permitted to approach the Secretary, Panchayat Raj Department by making a representation. If such a representation is made by the petitioner within a period of three weeks from today highlighting the issue of inaction on the part of the authorities on the report, the Secretary shall look into the matter and take appropriate decision as per law within a period of six weeks from the date of receipt of representation. Petitioner shall also enclose the enquiry report and other relevant documents with his representation.
It goes without saying that persons who are likely to be adversely affected by the decision taken to be by the Secretary shall also be heard while taking decision.
