High CourtsSingle Bench(2021) 02 UK CK 0079

Rao Afaq Ali vs Secretary Through Zila Panchayat & Others

Uttarakhand High Court · Decided on 24 February 2021

HON’BLE JUDGES
Manoj Kumar Tiwari, J
RESULT
Dismissed
CASE NUMBER
Writ Petition (M/S) No. 304 Of 2021

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Judgment

9 paragraphs · 163 words

Manoj Kumar Tiwari, J

1.

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.

2.

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.

3.

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.