LAWS(ALL)-1992-4-83

RAJAN ALIAS RAJU Vs. COMMISSIONER ALLAHABAD DIVISION

Decided On April 08, 1992
RAJAN ALIAS RAJU Appellant
V/S
COMMISSIONER ALLAHABAD DIVISION Respondents

JUDGEMENT

(1.) THE petitioner was elected Pradhan of Gaon Sabha, Mahewa Pachhim Patti, Allahabad. He was suspended by order of the Sub Divisional Officer, Karchhana, district Allahabad dated 19-2-1990 (annexure-2 to the writ petition). He filed a revision before the Commissioner which has been dismissed by order dated 14-5-1991. Aggrived the petitioner has filed the present writ petition.

(2.) COUNSEL for the petitioner has urged that the suspension order was passed after an enquiry, and hence tine suspension is invalid. In my opinion, the said enquiry was only a preliminary enquiry to determine whether there was a prima facie case against the petitioner. It is settled law that a preliminary enquiry is different from a regular enquiry, and hence the petitioner can still prove his innocence in the regular enquiry.