(1.) THIS writ petition has been filed to issue a writ order or direction in the nature of certiorari quashing the impugned order dated 04-11-2003 passed by the respondent no. 2 (Annexure No. 1 to the writ petition), whereby the financial and administrative powers of the petitioner-Pradhan Gram Panchayat Kanol have been suspended by the District Magistrate Chamoli exercising powers under Section 95 (1) (g) of the U. P. Panchayat Raj Act, 1947 (for short the Act ).
(2.) LEARNED counsel for the petitioner has submitted that the Enquiry Officer as has been provided under the Enquiry Rule 2 of the U. P. Panchayat Raj (Pradhan, Up Pradhans and Members) Enquiry Rules 1997 (for short the Rules) is the District Panchayat Raj Officer (for short D. P. R. O.), while in the instant case, enquiry was not conducted by the D. P. R. O. as contemplated under the Rules. It is not disputed that the recommendation to take action against the petitioner had been made by the Block Development Officer Ghat as is evident from a bare perusal of Annexure No. 1.
(3.) UNDISPUTEDLY, the preliminary enquiry was not conducted by the D. P. R. O. as provided under the Rules and the impugned order has been passed only on the recommendation made by the Block Development Ghat vide his letter dated 2. 12. 2003. In the State of U. P. an amendment was made in Rule 2 of the Rules in the year 2001 and the definition of 'enquiry Officer' as given under Rule 2 (c) stood amended as under:-'enquiry Officer' means the District Panchayat Raj Officer or any other district level officer, to be nominated by the District Magistrate.