RAJENDRA Vs. STATE OF U.P

JUDGEMENT

(1.) Heard Shri Dinesh Kumar Mishra, learned counsel for the petitioner and learned standing counsel and perused the record.

(2.) This petition has been filed praying for quashing of the order dated 08.10.2020 passed by the Opposite Party No.2-District Magistrate, Gonda, under Sec. 95 (1) (g) of the Panchayat Raj Act and for a Mandamus to be issued to the Opposite parties to allow the petitioner to continue to work as Gram Pradhan of Village Dariyapur, Development Block Chhapia, District Gonda.

(3.) It has been submitted by the learned counsel for the petitioner that the Sub Divisional Magistrate, Mankapur, District Gonda, informed the District Magistrate that on 08.08.2019 at about 11:56 A.M. a part of roof of one of the Class rooms of Primary Pathshala of Village Dariyapur, Block Chhapia, Tehsil Mankapur, District Gonda, fell down suddenly injuring eight children. He also informed the Opposite Party no.2 that although the Primary pathshala building was constructed in 1987, before the Lok Sabha Election of 2019, The money was allocated for repair of the School building and it appears prima facie that the repair work was not carried out properly as a result of which the accident took place. On report of Public Servant i.e. the S.D.M., the District Magistrate, by his order dated 17.08.2019 issued under the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules 1997, hereinafter referred to as 1997 Enquiry Rules instituted a preliminary enquiry and nominated the Executive Engineer and the District Agriculture Officer, PWD Provincial Division, Gonda, to conduct the inquiry and submit his report.