AMEER ALAM Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) Present petition is filed assailing the order dated 18th September, 2014, annexure No. 6 to the writ petition, whereby financial and administrative powers of the petitioner working as elected Pradhan were ceased and same were handed over to the three-Members Committee, while exercising the power under the proviso of 95 Uttar Pradesh Panchayat Raj Act, 1947 as well as challenging the order dated 2nd January, 2015 whereby petitioner was asked to deposit the amount recommended by the Inquiry Officer as well as inquiry report dated 1st January, 2015. Section 95 of the U.P. Panchayat Raj Act, 1947 reads as under:--

(2.) The bare reading of proviso to Section 95 of the Act would demonstrate that where Pradhan is prima facie found to have committed financial and other irregularity such Pradhan shall cease to exercise and perform the financial and administrative powers and functions, until he is exonerated of the charges in the final inquiry.

(3.) Till date learned Collector has not applied his mind finally on the inquiry report. Till day neither removal order is passed against the petitioner nor he is exonerated. Therefore, order ceasing the financial and administrative powers of the petitioner vide order dated 18.09.2014 cannot be quashed at this stage.