AMBIKA SINGH Vs. DISTRICT MAGISTRATE, CHANDAULI AND ORS.

JUDGEMENT

(1.) Heard Sri Saurabh Pratap Singh, learned counsel for petitioner and learned Standing Counsel for respondents-State.

(2.) This writ petition has been filed seeking quashing of the order dated 19.07.2020 passed by District Magistrate, Chandauli, respondent no. 2.

(3.) It is contended that petitioner is an elected pradhan of village- Rewsa, Block- Skaldiha, District- Chandauli. It appears that a complaint was filed by one Ajay Kumar Singh against petitioner under Rule 3 of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. Acting on the said complaint, District Magistrate constituted a three member enquiry committee nominating District Horticulture Officer, Chandauli along with one Assistant Engineer, Public Works Department, Chandauli as member of the preliminary enquiry committee. Copy of the constitution of enquiry committee has been brought on record as Annexure-1 to writ petition. It appears that said committee submitted its report, acting on which a show-cause notice was issued by District Magistrate to petitioner requiring him to reply the same within two weeks. As the petitioner failed to do so, respondent no. 1 proceeded to pass an order on 19.07.2020 seizing the financial and administrative power of petitioner and constituted a two member committee comprising of District Inspector of Schools, Chandauli and Executive Engineer, Rural Engineering, Chandauli as member for conducting an enquiry and submitting its report within two months.