Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Uttar Pradesh Kshetra Panchayat and Zila Panchayats |
Content Type | Text |
Resource Type | Law Order |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Uttar Pradesh Kshetra Panchayat and Zila Panchayats (Removal ofPramukhs, UP Pramukhs. Adhyakshas and Upadhyakshas) Enquiry Rules,1977:r.4-Zila Panchayat Adhyaksha-Complaint against-Preliminaryinquiry--Conducted by Additional District Magistrate-State Governmentinstituting a formal inquiry and divesting the Adhyaksha of her financial andadministrative powers-Writ petition before High Court allowed on the groundthat inquiry 11 1 as a nullity as it n 1 as conducted by Additional District Magistrateand not by District Magistrate-The contention of State that in view ofprovisions of sub-sec.( I) ofs.23,Cr.P.C., Additional District Magistrate is notsubordinate to District Magistrate and is, therefore, competent to conduct aninquiry against Adhyaksha or Upadhyaksha, reject by High Court-Pendingappeal before Supreme Court term of Adhyaksha came to an end and Statecontended that though its appeal has become infructuous, the interpretationplaced by High Court on r.4 was causing serious inconvenience toadministration-Held, the decision in the appeal has been rendered merelyacademic as in spite of the Court entering into interpretation of relevantprovisions would not pass any consequential order as the term of respondentas Zila Panchayat Adhyaksha is already over- It is careless and clumsy draftingof r.4 which is responsible for the situation-The draftsman has clearly ·usedthe term 'District Magistrate' as distinct from the term 'Additional DistrictMagistrate'. -The definition of District Magistrate in clause( 14) of s.2 .of theAct is not applicable if there be something repugnant in the subject or context-The very use of 'Additional District Magistrate' and 'District Magistrate' inthe same rule, consisting of one sentence, clearly suggests that the two termsare used in two different meanings-Contention raised by State runs counterto the language of the rule-Once the flaw was pointed out by the High Court,State' should have promptly removed it by amending the rule instead of filingspecial leave petition and keeping the certainty of law in suspension-State is·one of the largest litigant and such tendency on its par/ of adding to the bulkof pending cases when it can be avoided by taking a quick and convenient stepof amending its own rule has to be deprecated |
Judge | N/A |
Neutral Citation | 2003 INSC 83 |
Petitioner | State Of U.p. And Ors |
Respondent | Smt. Janki Devi Pal |
SCR | [2003] 1 S.C.R. 1075 |
Judgement Date | 2003-02-13 |
Case Number | 2065 |
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