HET KISHAN Vs. STATE OF U P

JUDGEMENT

(1.) Present writ petition has been filed by the petitioner, questioning the validity of order dated 27.08.2009 passed by the District Magistrate, Budaun, proceeding to seize the administrative as well as financial powers of the Pradhan and constituting three-member committee to discharge the functions of Pradhan.

(2.) Brief background of the case, as is disclosed in the writ petition, is that the petitioner was holding the post of Pradhan of village Usmanpur, Block Dahgawan, Tehsil Sahsawan, District Budaun. One Abdul Rehman made complaint on 26.12.2008 regarding irregularities committed by the petitioner before the District Panchayat Raj Officer, Budaun. On the said complaint being made, the District Panchayat Raj Officer, on the same day, passed order asking the A.D.O. (P) to conduct enquiry into the matter and submit report. Thereafter, another complaint supported by affidavit was made on 02.01.2009 against the Pradhan. On the said complaint being made, from the office of the District Panchayat Raj Officer, letter was sent to the Secretary of the Gram Panchayat as also to the petitioner, requesting them to furnish entire details of the activities being carried out and the date fixed was 07.02.2009. Neither the Secretary nor the petitioner submitted any document. Thereafter, the District Panchayat Raj Officer on 23.03.2009 made recommendation to the District Development Officer. The District Magistrate after receipt of the said report issued show cause notice to the petitioner, to which reply was submitted by the petitioner, and thereafter, order impugned has been passed on 27.08.2009 seizing the administrative as well as financial powers of the Pradhan. At this juncture present writ petition has been filed.

(3.) Short counter affidavit has been filed through Sri Abdul Rehman, contending therein that prima facie there has been evidence against the petitioner, and at no point of time, in spite of asking, documents in question were ever produced and theory of loss of documents has been set up, as such this Court should refuse to interfere in the matter.