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Judgment
Manoj Kumar Tiwari, J
Petitioner is an elected Vice-President of Zila Panchayat, Haridwar. He is aggrieved by the order dated 28.01.2021 passed by Secretary, Zila
Panchayat, Uttarakhand, whereby he has been placed under suspension till pendency of final enquiry.
A perusal of the impugned order indicates that preliminary enquiry was held against the petitioner and based on the preliminary enquiry, a decision
was taken to hold regular enquiry against the petitioner. By invoking provisions, contained in Section 138(4) of the Panchayati Raj Act, petitioner has
been placed under suspension. Since there is express provision for suspension of a Chairman/Vice-Chairman of a Zila Panchayat during pendency of
final enquiry, therefore, there is no scope for interference with the impugned order.
In such view of the matter, writ petition fails and is dismissed. However, petitioner shall be at liberty to raise all contentions before the Enquiry
Officer. This Court hopes and expects that the enquiry shall be concluded as early as possible.
