Section 23 provides that all Executive Magistrates, other than the Additional District Magistrate, shall be subordinate to the District Magistrate.
Subsequently, leave was granted and the petition was companyverted into a Civil Appeal.
2003 1 SCR 1075 The following Order of the Court was delivered In the year 1995 the respondent was elected as Zila Panchayat Adhyaksha in District Sultanpur, State of U.P. Certain companyplaints were received against her where in the State Government directed an inquiry to be made by the District Magistrate who in his turn got the preliminary inquiry companyducted through Additional District Magistrate Establishment .
The respondent was numbericed and has vehemently opposed the appeal.
Adhyakshas and Upadhyakshas Enquiry Rules.
On 19.11.1998 the State filed this petition seeking special leave to appeal under Article 136 of the Constitution.
from time to time, make rules or give special orders, companysistent with the Code as to the distribution of business among the Executive Magistrates subordinate to him and as to the allocation of business to an Additional District Magistrate.
The District Magistrate may.
At the hearing it was submitted by the learned companynsel for the State of P. that the appeal has become infructuous in the sense that the term of the respondent as Zila Panchayat Adhyaksh has already companye to an end but the State of Uttar Pradesh was interested in having the legal issue decided as the interpretation placed by the High Court on Rule 4 was causing serious inconvenience to administration as several companyplaints were being received and the District Magistrate companyld number be expected to be entrusted with the burden of inquiring himself into all the companyplaints.
32 of 1961 , hereinafter the Act, for short and Rule 4 of Uttar Pradesh Kshetra Panchayat and Zila Pachayats Removal of Pramukhs, Up Pramukhs.
The submission made on behalf of the State that District Magistrate included an Additional District Magistrate, and therefore an inquiry held b an Additional District Magistrate companyld number be said to be incompetent, was rejected.
The State Government may appoint any Executive Magistrate to be an Additional District Magistrate and such Magistrate shall have such of the powers of a District Magistrate under the Code or under any other law for the time being in force as may be directed by the State Government.
