REKHA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri C.B. Yadav, learned Senior Advocate assisted by Shri Amrendra Singh for the petitioner, ShriA.K. Sinha, learned Standing Counsel has appeared for the State respondents and Shri K.R. Sirohi, assisted by Shri Shyam Sunder Mishra for respondent No. 4.

(2.) BY this petition, petitioner has prayed for quashing the order dated 26.5.2010, by which order the petitioner who was Adyaksha, Zila Panchayat, Fatehpur has been removed by the State Government exercising the power under proviso to Section 29, of the Uttar Pradesh (Kshettra Panchayats and Zila Panchayats)Adhiniyam, 1961 (hereinafter called the "Act 1961").

(3.) ON the basis of the'preliminary enquiry report dated 17.6.2009, the State Government passed an order dated 16.7.2009, seizing financial and administrative powers of the petitioner and appointed a 3 member committee to perform the functions of Adyaksha. The State Government decided to hold a final enquiry through Commissioner, Allahabad Division Allahabad. The order passed by the State Government seizing financial and administrative powers of the petitioner was challenged by the petitioner in this Court by filing Writ Petition No. 40990/ 2009, in which writ petition the stay application filed by the petitioner was rejected on 11.8.2009. A charge-sheet dated 19.11.2009, was issued by the Inquiry Officer, Commissioner Allahabad Division Allahabad to the petitioner enumerating 13 charges and the petitioner was asked to submit her reply within 7 days. The petitioner was also asked to submit documentary and oral evidence in support of her defence. The petitioner submitted her reply to the said charge-sheet in December, 2009, praying that she be exonerated of all the charges. Certain documents were also asked to be made available to the petitioner in her reply. The petitioner appeared on 24.12.2009, before the Inquiry Officer for personal hearing on which date she requested that she may be shown the original documents so as enable her to submit the supplementary reply.