AMEER ALAM Vs. STATE OF UTTARAKHAND AND ORS.

JUDGEMENT

(1.) On 18.09.2014, an order was passed by the District Magistrate, Haridwar, by which the financial powers of the petitioner-Gram Pradhan, were seized under the provisio of Section 95 of the U.P. Panchayat Raj Act pending final inquiry which was directed to be concluded within one month from that day. Against the said order, petitioner filed Writ Petition No.2422 of 2014 (M/S), in which the learned counsel for the petitioner raised the argument that for the alleged irregularities committed by the petitioner under Mahatma Gandhi National Rural Employment Guarantee Act (MGNREGA), the District Magistrate has no power to invoke the provisions of U.P. Panchayat Raj Act and inquiry, if any, is permissible only under the MGNREGA. Learned Single Judge, vide order dated 12.12.2014, directed the District Magistrate, Haridwar to file his personal affidavit within a period of one week, stating therein the stage of the final inquiry. Order dated 12.12.2014 passed by the learned Single Judge is being reproduced below:

(2.) The said writ petition was heard on 06.01.2015 in which the Additional Chief Standing Counsel submitted supplementary counter affidavit of the In-Charge District Magistrate, Haridwar, annexing therein the copies of the Inquiry Report as well as the Order dated 02.01.2015 passed by the District Magistrate, Haridwar. At that time, the learned counsel for the petitioner sought permission to withdraw the writ petition with liberty to file fresh, challenging the Inquiry Report as well as the Order dated 02.01.2015. Thereafter, Writ Petition No.36 of 2015 (M/S) was filed by the petitioner. Same was heard and was dismissed by the learned Single Judge on 08.01.2015. The learned Single Judge directed that the petitioner shall be issued show cause notice before taking any action on the Inquiry Report and the petitioner shall be at liberty to place all the defence and grounds to challenge the jurisdiction of the Inquiry Officer as well as the Inquiry Report. The District Magistrate was directed to expedite the matter and to take final decision on the Inquiry Report in accordance with law at the earliest, in any case, within ninety days. Against the order dated 08.01.2015 passed by the learned Single Judge, this Special Appeal has been filed.

(3.) It is contended by the learned counsel for the appellant that in fact, the alleged irregularities have been committed by the appellant under MGNREGA and the District Magistrate has no power to invoke the provisions of U.P. Panchayat Raj Act and inquiry, if any, is permissible only under the MGNREGA.