GANESH RAM Vs. CHIEF DEVELOPMENT OFFICER AND ORS.

JUDGEMENT

(1.) THESE are two writ petitions. The former writ petition being membered as Writ Petition No. 2378 of 1999. Ganesh Ram v. Chief Development Officer, Ghazipur which has been filed against the orders dated 6.1.99 and 14.1.99 passed by the Chief Development Officer, Ghazipur and Block Development Officer, Ghazipur respectively. In the order dated 6.1.99 it has been stated that an enquiry was got conducted by a Junior Engineer through the Block Development Officer, Barachawar wherein misuse of Rs. 67,855 has been reported and recovery is liable to be made from Pradhan of Village Mahsahpur and Village Panchayat Officer. Mahsan. Barachawar i.e. Rs. 33,942.50 to be revered from each and the financial powers of the Village Pradhan should be stopped and should be exercised by the Block Development Officer. Thereafter the Block Development Officer vide his order dated 14.1.99 directed to deposit the amount and not to draw or disburse the amount from the bank of Gram Panchayat Jawahar Youjna or any other account. In later Writ Petition Numbered as 40851 of 1999 the order under challenge is dated 18.9.99 passed by the Block Development Officer, Barachawar, Ghazipur, addressed to the Branch Manager. U.P.I. Barachawar, to endorse the name of Block Development Officer that of Up Pradhan of the Village. Since in the later Writ Petition consequential order is under challenge, therefore both the writ petitions are being disposed of together.

(2.) HEARD the learned counsel for the petitioner, Sri S.N. Srivastava and the learned Standing Counsel.

(3.) HE has further stated that is has not been indicated in the order as to whether a final enquiry was conducted or preliminary enquiry was conducted. However, under the Enquiry Rules preliminary enquiry was liable to be conducted by the District Panchayat Raj Officer and thereafter only the final enquiry can be made.