M.Katju - (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. Admittedly, there are serious charges against the petitioner regarding misuse of funds in connection with Jawahar Rozgar Yojna, and hence a suspension order can be passed against the petitioner. Hence, in my opinion the order of the Commissioner dated 14-5-1991 is prefectly justified. The writ petition is accordingly dismissed. However, I direct that the regular enquiry against the petitioner should be completed within three months of production of a certified copy of this* order before the Sub Divisional Officer Karchhana, Allahabad. A certified copy of this order may be given to the counsel for the petitioner on payment of usual charges within three days.;