R.A.Sharma - (1.) - Against an order of bis suspension from the office of Pradhan under Sec. 95 (1) (gg) of the U. P. Panchyat Raj Act petitioner filed a revision before the Commissioner, Jhansi Division Jhansi and in that revision he also filed an application for Interim relief. Learned Commissioner vide impugned order dated 23-10-1990 has dismissed both the revision and the stay application on the ground that certified copy of the impugned order of suspension has not been filed along with revision and only its photostat copy has been filed. It is against this order that this writ petition has been filed before this Court.
(2.) AT the admission stage, I have heard the learned counsel for the petitioner as well as learned standing counsel and as no factual controversy is involved, the writ petition is being disposed of finally at the admission stage in accordance with the Rules of the Court. Section 95 (1) (g) of U. P. Panchayat Raj Act (here-in-after referred to as the Act) authorises State Government to remove an office bearer of the Gaon Sabha. Clause (gg) of sub-section (1) of the same section enables suspension of the Pradhan against whom proceedings under clause (g) are pending or contemplated or against whom prosecution for an offence involving moral turpitude is pending. In exercise of power conferred by Sec. 96-A of the Act, which enables the State Government to delegate its power to any officer or authority subordinate to it subject to such conditions and restrictions as it may deem to impose, the State Government by notification dated 14-10-1976 has delegated its power under clause (gg)of sub-section (1) of Sec 95 of the Act to Sub-divisional Officer having jurisdiction subject to the condition that any order passed by the Sub-divisional Officer shall be revisable by the Commissioner of the Division and also by the State Government. The re-visional power on the Commissioner has not been conferred by the provisions of the Act or Rules framed thereunder and as mentioned above, this power has been given to the Commissioner by a notification issued by the State Government. The aforesaid notification does not make it obligatory for a revisionist to file a certified copy of the order impugned in the revision. No other provisions of the Act and Rules have been placed before me, which requires filing of certified copy of the order of the Sub-divisional Officer along with the revision. In the absence of any statutory provisions or notification requiring filing of the certified copy of the impugned order in the revision, revision cannot be dismissed on the ground that certified copy has not been filed The revisional court has implied power to summon the record of the lower court and thereafter pass appropriate orders. It is true that in the absence of the copy of the order impugned in the revision, no effective relief can be granted by the revising authority ; but that does not mean that the revision should be dismissed on that account. The revising authority in all fairness should have called for the record or should have given an opportunity to the revisionist to file a certified copy of the order. But it Is too harsh to dismiss the revision on the ground of want of certified copy without there being any legal obligation on the revisionist requiring him to file the certified copy.
(3.) LEARNED counsel for the petitioner has stated that the petitioner will apply for certified copy of the order of the Sub-divisional Officer immediately. In case such an application is made by the petitioner, Sub-divisional Officer concerned shall issue certified copy within three days from the date of the receipt of the application for certified copy and thereafter the petitioner will file it before the Revisional Court. For the reasons given above, this writ petition is allowed and the impugned order dated 23-10-1990 passed by the Commissioner, Jhansi Division, Jhansi is quashed. The Commissioner is further directed to decide the application for interim relief of the petitioner within ten days from the date of receipt of a certified copy of this order, or the certified copy of the impugned order, passed by the Sub-divisional Officer, which ever is later. Revision will also be decided as far as possible within three months from the date of receipt of a certified copy of this order. -- Petition allowed.;