RAJA RAM SINGH Vs. DISTRICT MAGISTRATE GORAKHPUR

JUDGEMENT

(1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner challenges the validity of order dated 11.1.2000 whereby the financial administrative powers of the petitioner, who is holding office of Pradhan, have been ceased by the competent authority, i.e.. District Magistrate, Gorakhpur.

(2.) Learned counsel for the petitioner submitted that before passing of said order, the petitioner has not given an opportunity of hearing, therefore, the said order is illegal and is liable to be set aside. It is not disputed by the learned counsel for the petitioner that the petitioner was also holding the post of tube-well operator, but it was contended that he was a part-time tube-well operator, therefore, he does not come within the purview of clause A, Section 5 of the Act. It was urged that the petitioner not being a full-time tube-well operator was legally entitled to hold the office of Pradhan and his financial and administrative powers could not be ceased by the District Magistrate.

(3.) I have considered the submissions made by the learned counsel for the petitioner and also gone through the material on the record.