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Judgment
Manoj Kumar Tiwari, J
Petitioner is an elected Chairman of Zila Panchayat, Uttarkashi. By means of this writ petition, petitioner has sought following reliefs:
“i. A writ, order or direction in the nature of certiorari to call for entire records of the case and quash the impugned order dated 22.12.2020 passed
by respondent no. 2. (Annexure no. 1 to the writ petition).
ii. A writ, order or direction in the nature of mandamus directing and commanding respondents not to interfere in the day to day working of the
petitioner as Chairman Zila Panchayat, Uttarakashi without adopting due process known to law.
iii. A writ, order or direction in the nature of mandamus directing and commanding respondent no. 4 to forthwith return the records of Zila Panchayat,
Uttarkashi which has been illegally seized.â€
In sum & substance, petitioner is challenging the order passed by Secretary, Panchayati Raj Department on 22.12.2020. By the said order, District
Magistrate, Uttarkashi has been appointed as Enquiry Officer to look into the allegations made against the petitioner in a complaint, which is in the
shape of an affidavit, made by some Members of Zila Panchayat.
It is the contention of learned Senior Advocate for the petitioner that, since in the earlier writ petition filed by the petitioner, a statement was made
on behalf of the State Government that State Government shall not proceed against the petitioner, pursuant to the earlier order dated 10.11.2020,
which was impugned in the said writ petition. Thus, it is the submission of learned Senior Advocate for the petitioner that, after giving such a
statement, the State Government cannot order for an enquiry.
The order impugned in this writ petition has also been challenged on the ground that the complaint made against the petitioner is not as per the
statutory requirement. However, this Court is not inclined to entertain this writ petition, as no legal injury has been caused to the petitioner as yet.
Appointment of an Enquiry Officer does not cause any prejudice to the petitioner.
Accordingly, the writ petition is dismissed, with liberty to petitioner to approach this Court, as and when cause of action arises to him.
Let a certified copy of this order be issued within 24 hours.