Ajeejun Nisha vs State Of U.P. Thru. Prin. Secy. Panchayati Raj U.P.

4. The contention of the Counsel for the petitioner is that some complaint were made against the petitioner, based upon which a preliminary inquiry was got conducted and a report thereof was submitted on 02.07.2024. In pursuance to the said preliminary inquiry, the petitioner was served with a show cause notice to which he gave a reply. After considering the preliminary inquiry report, an order was passed on 11.12.2024 ceasing the financial and administrative powers of the petitioner. The said order was challenged in Writ-C No.353 of 2025, which was allowed vide order dated 20.01.2025. In the said order liberty was granted to the respondents to conclude the final inquiry in accordance with law. It is stated that in terms of the liberty granted by this Court without there being a formal accusation as prescribed under Rule 6 of the Uttar Pradesh Panchayat Raj 2 WRIC No. 8470 of 2025 (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997, the order impugned has been passed. The removal of Pradhan is prescribed under Section 95(1)(g) of the U.P. Panchayat Raj Act read with the Rules 1997.

5. In terms of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997, the procedure for addressing the complaint is prescribed under Rule 3. The report of the preliminary inquiry is prescribed under Rule 4 and the procedure for inquiry is prescribed under Rule 6, which is quoted below: "6. Procedure for the enquiry.-(1) The substance of the imputations, and a copy of the complaint referred to in Rule 3, if any, shall be forwarded to the Enquiry Officer by the State Government. (2) The Enquiry Officer shall draw up, - (a) the substance of the imputations into definite and distinct articles of charge; and (b) a statement of the imputations in support of each article of charge. which shall contain a statement of all relevant facts and a list of documents by which, and list of witnesses by whom, the articles are proposed to be sustained. (3) The Enquiry Officer shall deliver or cause to be delivered to the person against whom he is to hold the enquiry, a copy of the articles of charge, the statement of the imputations and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require that person by a notice in writing, to submit within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person, and to appear before him on such day and at such time as may be specified. (4) On receipt of the written statement of defence, the Enquiry Officer shall enquire into such of that articles as are not admitted and where all the articles of charge have been admitted in the written statement of defence, the Enquiry Officer shall record his findings on each charge after taking such evidence as he may think fit. 3 WRIC No. 8470 of 2025 (5) If the person who has admitted any of the articles of charge in his written statement of defence, appears before the Enquiry Officer, he shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the Enquiry Officer shall record the plea, sign the record and obtain the signature of that person thereon, and return a finding of guilt in respect of those charges. (6) If the person fails to appear within the specified time or refuses or omits to plead, the Enquiry Officer shall take the evidence, and if there is a complaint, require him to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding fifteen days, after recording an order that the said person may, for the purpose of preparing his defence, (a) Inspect within five days of the order or within such further time not exceeding five days as the Enquiry Officer may allow, the documents specified in the list referred to in sub-rule (2); (b) submit a list of witnesses to be examined on his behalf; (c) give a notice within ten days of the order or within such further time not exceeding ten days as the Enquiry Officer may allow, for the discovery or production of any documents that are relevant to the enquiry and are in the possession of the State Government, but not mentioned in the list referred to in sub-rule (2). (7) The person against whom the enquiry is being held may take the assistance of any other person to present the case on his behalf, and the Enquiry Officer may appoint any person as a Presenting Officer to assist him in conducting the enquiry. Provided that a legal practitioner shall not be engaged or appointed under this sub-rule. (8) If the person applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (2). the Enquiry Officer shall furnish him with such copies as early as 4 WRIC No. 8470 of 2025 possible, and in any case, not later than three days before the commencement of the examination of the witnesses by whom any of the articles of charge is proposed to be proved. (9) The Enquiry Officer shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition. Provided that the Enquiry Officer may, for reasons to be recorded in writing, refuse to requisition such of the documents as are, in his opinion, not relevant to the case. (10) On receipt of the requisition referred to in sub-rule (9), every authority having the custody or possession of the requisitioned documents shall produce the same before the Enquiry Officer. Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the Enquiry Officer accordingly and the Enquiry Officer shall, on being so informed, communicate the infor-mation to the person against whom the enquiry is being held and withdraw the requisition made by him for the production or discovery of documents. (11) On the date fixed for the enquiry, the oral and documentary evidence by which the articles of charge are proposed shall be produced and the witness shall be examined, by the Enquiry Officer by or on behalf of the complainant, if there is one, and may be cross-examined by or on behalf of the person against whom the enquiry is being held. The witnesses may be re- examined by the Enquiry Officer or the complainant, as the case may be, on any point on which they have been cross-examined, but not on any new matter, without the leave of the Enquiry Officer. (12) The Enquiry Officer may allow production of evidence not included in the list given to the person against whom the enquiry is being held, or 5 WRIC No. 8470 of 2025 may itself call for new evidence or recall and re-examine any witness and in such case the said person shall be entitled to have if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the enquiry for three clear days before the production of such evidence, exclusive of the day of adjournment and the day to which the enquiry is adjourned. The Enquiry Officer shall give the said person an opportunity of inspecting such documents before they are taken on the record. The Enquiry Officer may also allow the said person to produce new evidence, if he is of the opinion that the production of such evidence is necessary in the interest of justice. Note.-New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally. (13) When the evidence for proving the articles of charge against the person against whom the enquiry is being held, is closed, the said person shall be required to state his defence orally or in writing as he may prefer. If the defence is made orally it shall be recorded, and the said person shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the complainant, if any. (14) The evidence on behalf of the person against whom the enquiry is being held shall than be produced. The said person may examine himself in his own behalf if he so prefers. The witnesses produced by the said person shall then be examined and shall be liable to cross-examination, re-examination and examination by the Enquiry Officer according to the provisions applicable to the witnesses for proving the articles of charge. (15) The Enquiry Officer may, after the person against whom the enquiry is being held closes his case, and shall, if the said person has not examined himself, generally question him on the circumstances appearing in the evidence against him. (16) The Enquiry Officer may, after the completion of the production of evidence, hear the complainant, if any and the person against whom the enquiry is being held, or permit them, or him, as the case may be, to file 6 WRIC No. 8470 of 2025 written briefs of their respective cases. (17) If the person to whom a copy of the articles of charge has been delivered does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the Enquiry Officer or otherwise fails or refuses to comply with the provisions of this rule, the Enquiry Officer may hold the enquiry ex parte. (18) Whenever the Enquiry Officer after having heard and recorded the whole or any part of the evidence in an enquiry, ceases to exercise jurisdiction therein and is succeeded by another Enquiry Officer, the Enquiry Officer so succeeding may act on the evidence so recorded by his predecessor or partly recorded by himself. Provided that if the succeeding Enquiry Officer is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice he my recall, examine, cross-examine and re-examine any such witness as hereinbefore provided."

6. As is evident from the plain reading of Rule 6 (1), it incumbent that the State Government forward the complaint and the substance of the imputations to the Enquiry Officer, who is obliged to draw the substance of imputations as prescribed under sub-Rule (2) and thereafter, he is obliged to deliver the copy of the articles of charge, the statement of the imputations and a list of documents and witnesses as proposed, as prescribed under sub-Rule (3).

7. The contention of the Counsel for the petitioner is that the charges were not framed as prescribed under sub-Rule (2) of Rule 6, and the procedure prescribed under Rule 3 was not followed. Therefore, the order impugned has been passed in violation of the prescribed procedure.

8. Learned Standing Counsel based upon the instructions states all the proceedings leading to the passing of the order impugned were held in the presence of the petitioner. Although he is not able to satisfy or produce the documents to demonstrates that the steps prescribed under sub-Rule (2) or sub-Rule (3) are ever followed. 7 WRIC No. 8470 of 2025

9. The contention of the learned Standing Counsel that all the proceedings were held in the presence of the petitioner are not sufficient in view of the procedure prescribed under sub-Rule (2) and sub-Rule (4) of Rule 6, thus finding that the order impugned has been passed without complying the procedure prescribed under the said rules, the order impugned dated

08.08.2025 cannot be justified and is accordingly quashed.

10. The writ petition stands allowed.

11. The respondents may however conclude the final inquiry strictly in accordance with law, if so advised. September 18, 2025 akverma (Pankaj Bhatia,J.) ASHOK KUMAR VERMA ASHOK KUMAR VERMA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench

4. The contention of the Counsel for the petitioner is that some complaint were made against the petitioner, based upon which a preliminary inquiry was got conducted and a report thereof was submitted on 02.07.2024. In pursuance to the said preliminary inquiry, the petitioner was served with a show cause notice to which he gave a reply. After considering the preliminary inquiry report, an order was passed on 11.12.2024 ceasing the financial and administrative powers of the petitioner. The said order was challenged in Writ-C No.353 of 2025, which was allowed vide order dated 20.01.2025. In the said order liberty was granted to the respondents to conclude the final inquiry in accordance with law. It is stated that in terms of the liberty granted by this Court without there being a formal accusation as prescribed under Rule 6 of the Uttar Pradesh Panchayat Raj 2 WRIC No. 8470 of 2025 (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997, the order impugned has been passed. The removal of Pradhan is prescribed under Section 95(1)(g) of the U.P. Panchayat Raj Act read with the Rules 1997.

5. In terms of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997, the procedure for addressing the complaint is prescribed under Rule 3. The report of the preliminary inquiry is prescribed under Rule 4 and the procedure for inquiry is prescribed under Rule 6, which is quoted below: "6. Procedure for the enquiry.-(1) The substance of the imputations, and a copy of the complaint referred to in Rule 3, if any, shall be forwarded to the Enquiry Officer by the State Government. (2) The Enquiry Officer shall draw up, - (a) the substance of the imputations into definite and distinct articles of charge; and (b) a statement of the imputations in support of each article of charge. which shall contain a statement of all relevant facts and a list of documents by which, and list of witnesses by whom, the articles are proposed to be sustained. (3) The Enquiry Officer shall deliver or cause to be delivered to the person against whom he is to hold the enquiry, a copy of the articles of charge, the statement of the imputations and a list of documents and witnesses by which each article of charge is proposed to be sustained and shall require that person by a notice in writing, to submit within such time as may be specified, a written statement of his defence and to state whether he desires to be heard in person, and to appear before him on such day and at such time as may be specified. (4) On receipt of the written statement of defence, the Enquiry Officer shall enquire into such of that articles as are not admitted and where all the articles of charge have been admitted in the written statement of defence, the Enquiry Officer shall record his findings on each charge after taking such evidence as he may think fit. 3 WRIC No. 8470 of 2025 (5) If the person who has admitted any of the articles of charge in his written statement of defence, appears before the Enquiry Officer, he shall ask him whether he is guilty or has any defence to make and if he pleads guilty to any of the articles of charge, the Enquiry Officer shall record the plea, sign the record and obtain the signature of that person thereon, and return a finding of guilt in respect of those charges. (6) If the person fails to appear within the specified time or refuses or omits to plead, the Enquiry Officer shall take the evidence, and if there is a complaint, require him to produce the evidence by which he proposes to prove the articles of charge, and shall adjourn the case to a later date not exceeding fifteen days, after recording an order that the said person may, for the purpose of preparing his defence, (a) Inspect within five days of the order or within such further time not exceeding five days as the Enquiry Officer may allow, the documents specified in the list referred to in sub-rule (2); (b) submit a list of witnesses to be examined on his behalf; (c) give a notice within ten days of the order or within such further time not exceeding ten days as the Enquiry Officer may allow, for the discovery or production of any documents that are relevant to the enquiry and are in the possession of the State Government, but not mentioned in the list referred to in sub-rule (2). (7) The person against whom the enquiry is being held may take the assistance of any other person to present the case on his behalf, and the Enquiry Officer may appoint any person as a Presenting Officer to assist him in conducting the enquiry. Provided that a legal practitioner shall not be engaged or appointed under this sub-rule. (8) If the person applies orally or in writing for the supply of copies of the statements of witnesses mentioned in the list referred to in sub-rule (2). the Enquiry Officer shall furnish him with such copies as early as 4 WRIC No. 8470 of 2025 possible, and in any case, not later than three days before the commencement of the examination of the witnesses by whom any of the articles of charge is proposed to be proved. (9) The Enquiry Officer shall, on receipt of the notice for the discovery or production of documents, forward the same or copies thereof to the authority in whose custody or possession the documents are kept, with a requisition for the production of the documents by such date as may be specified in such requisition. Provided that the Enquiry Officer may, for reasons to be recorded in writing, refuse to requisition such of the documents as are, in his opinion, not relevant to the case. (10) On receipt of the requisition referred to in sub-rule (9), every authority having the custody or possession of the requisitioned documents shall produce the same before the Enquiry Officer. Provided that if the authority having the custody or possession of the requisitioned documents is satisfied for reasons to be recorded in writing that the production of all or any of such documents would be against the public interest or security of the State, it shall inform the Enquiry Officer accordingly and the Enquiry Officer shall, on being so informed, communicate the infor-mation to the person against whom the enquiry is being held and withdraw the requisition made by him for the production or discovery of documents. (11) On the date fixed for the enquiry, the oral and documentary evidence by which the articles of charge are proposed shall be produced and the witness shall be examined, by the Enquiry Officer by or on behalf of the complainant, if there is one, and may be cross-examined by or on behalf of the person against whom the enquiry is being held. The witnesses may be re- examined by the Enquiry Officer or the complainant, as the case may be, on any point on which they have been cross-examined, but not on any new matter, without the leave of the Enquiry Officer. (12) The Enquiry Officer may allow production of evidence not included in the list given to the person against whom the enquiry is being held, or 5 WRIC No. 8470 of 2025 may itself call for new evidence or recall and re-examine any witness and in such case the said person shall be entitled to have if he demands it, a copy of the list of further evidence proposed to be produced and an adjournment of the enquiry for three clear days before the production of such evidence, exclusive of the day of adjournment and the day to which the enquiry is adjourned. The Enquiry Officer shall give the said person an opportunity of inspecting such documents before they are taken on the record. The Enquiry Officer may also allow the said person to produce new evidence, if he is of the opinion that the production of such evidence is necessary in the interest of justice. Note.-New evidence shall not be permitted or called for or any witness shall not be recalled to fill up any gap in the evidence. Such evidence may be called for only when there is an inherent lacuna or defect in the evidence which has been produced originally. (13) When the evidence for proving the articles of charge against the person against whom the enquiry is being held, is closed, the said person shall be required to state his defence orally or in writing as he may prefer. If the defence is made orally it shall be recorded, and the said person shall be required to sign the record. In either case, a copy of the statement of defence shall be given to the complainant, if any. (14) The evidence on behalf of the person against whom the enquiry is being held shall than be produced. The said person may examine himself in his own behalf if he so prefers. The witnesses produced by the said person shall then be examined and shall be liable to cross-examination, re-examination and examination by the Enquiry Officer according to the provisions applicable to the witnesses for proving the articles of charge. (15) The Enquiry Officer may, after the person against whom the enquiry is being held closes his case, and shall, if the said person has not examined himself, generally question him on the circumstances appearing in the evidence against him. (16) The Enquiry Officer may, after the completion of the production of evidence, hear the complainant, if any and the person against whom the enquiry is being held, or permit them, or him, as the case may be, to file 6 WRIC No. 8470 of 2025 written briefs of their respective cases. (17) If the person to whom a copy of the articles of charge has been delivered does not submit the written statement of defence on or before the date specified for the purpose or does not appear in person before the Enquiry Officer or otherwise fails or refuses to comply with the provisions of this rule, the Enquiry Officer may hold the enquiry ex parte. (18) Whenever the Enquiry Officer after having heard and recorded the whole or any part of the evidence in an enquiry, ceases to exercise jurisdiction therein and is succeeded by another Enquiry Officer, the Enquiry Officer so succeeding may act on the evidence so recorded by his predecessor or partly recorded by himself. Provided that if the succeeding Enquiry Officer is of the opinion that further examination of any of the witnesses whose evidence has already been recorded is necessary in the interest of justice he my recall, examine, cross-examine and re-examine any such witness as hereinbefore provided."

6. As is evident from the plain reading of Rule 6 (1), it incumbent that the State Government forward the complaint and the substance of the imputations to the Enquiry Officer, who is obliged to draw the substance of imputations as prescribed under sub-Rule (2) and thereafter, he is obliged to deliver the copy of the articles of charge, the statement of the imputations and a list of documents and witnesses as proposed, as prescribed under sub-Rule (3).

7. The contention of the Counsel for the petitioner is that the charges were not framed as prescribed under sub-Rule (2) of Rule 6, and the procedure prescribed under Rule 3 was not followed. Therefore, the order impugned has been passed in violation of the prescribed procedure.

8. Learned Standing Counsel based upon the instructions states all the proceedings leading to the passing of the order impugned were held in the presence of the petitioner. Although he is not able to satisfy or produce the documents to demonstrates that the steps prescribed under sub-Rule (2) or sub-Rule (3) are ever followed. 7 WRIC No. 8470 of 2025

9. The contention of the learned Standing Counsel that all the proceedings were held in the presence of the petitioner are not sufficient in view of the procedure prescribed under sub-Rule (2) and sub-Rule (4) of Rule 6, thus finding that the order impugned has been passed without complying the procedure prescribed under the said rules, the order impugned dated

08.08.2025 cannot be justified and is accordingly quashed.

10. The writ petition stands allowed.

11. The respondents may however conclude the final inquiry strictly in accordance with law, if so advised. September 18, 2025 akverma (Pankaj Bhatia,J.) ASHOK KUMAR VERMA ASHOK KUMAR VERMA High Court of Judicature at Allahabad, High Court of Judicature at Allahabad, Lucknow Bench Lucknow Bench