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Judgment
SHARAD KUMAR SHARMA, J.
K.M. JOSEPH, C.J. (Oral)
The appellant is the writ petitioner. The petitioner was proceeded against under Section 138 of the Uttarakhand Panchayati Raj Act, 2016. A show
cause was issued, in fact, by notice dated 23.03.2018, as to why action in accordance with Section 138 (1) (c) should not be taken. The petitioner was
suspended from the post of Chairperson, Zila Panchayat, Haridwar. Appellant submitted his reply to the show cause on 31.03.2018. No decision was
taken. Hence, the reliefs sought in the writ petition as follows :-
“i) Issue a writ order or direction in the nature of Mandamus directing the respondent no.1 to conclude the proceedings pending before it in
furtherance to Show Cause Notice dated 23.03.2018 replied by the petitioner on 31.03.2018 within the shortest possible time.
ii) Issue any other writ, order or direction as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.â€
The learned Single Judge dismissed the writ petition on the ground that the period within which the decision has to be taken by the statutory
authority has not come to an end as yet, hence, no direction as such could be given at this stage.
We heard Mr. Arvind Vashistha, learned Senior Counsel on behalf of the appellant and also Mr. Pradeep Joshi, learned Standing Counsel on behalf
of the Stated /respondents.
In fact, Mr. Arvind Vashistha, learned Senior Counsel points out that in the Hindi version of the Act, a period of one month has been fixed for
concluding the preliminary inquiry.
Per contra, Mr. Pradeep Joshi, learned Standing Counsel would point out that in the English translation, the time limit is conspicuous by its absence.
Whatever that be, we notice, this is a case where the appellant had also been suspended on the basis of the show cause. We would think that a time
limit must be fixed for concluding the proceedings as per law.
In such circumstances, we allow the appeal and dispose of the writ petition by directing that the proceedings be concluded as early as possible and
at any rate within a period of six weeks from the date of production of the certified copy of the judgment before the State Government.