NANHEY LAL Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard the learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the opposite party nos.1 to 4 and Shri Dilip Kumar Pandey, who appears for the opposite party no.5.

(2.) This petition has been filed challenging the order dated 30.11.2019 passed by the opposite party no.4-District Panchayat Raj Officer, District Hardoi, by which recovery in the Form of surcharge amounting to Rs.3,24,860/- has been imposed upon the petitioner, who is the Gram Pradhan and a further prayer has been made that the opposite parties be commanded not to initiate Recovery Proceedings in pursuance of the order impugned and instead proceed in accordance to the Provisions as spelt out under Section 27 of the Uttar Pradesh Panchayat Raj Act, 1947 and Rules 256 and 257 of the Rules framed thereunder.

(3.) It has been submitted by the learned counsel for the petitioner that one Mahesh Verma son of Vijay Sharma resident of Village Panchayat Pooranmau, had filed a complaint before the Collector/District Magistrate, Hardoi on 21.05.2018 with respect to Account No.27573 which was the Gram Panchayat account for the village Panchayat, Pooranmau and stated that the misappropriation of the Gram Sabha fund had been done by the Village Pradhan and other officials alongwith him. The Collector directed the Chief Development Officer, Hardoi, to conduct the an Enquiry. The Chief Development Officer, Hardoi, had directed the District Panchayat Officer, District Hardoi to enquire into the matter and submit his report. Enquiry was thereafter conducted by the Upper Mukhya Adhikari, Zila Panchayat, Hardoi, showing misappropriation of Rs.5,67,101/- of Gaon Sabha fund. Although a Show Cause Notice was issued to the petitioner on 10.09.2018 to file his explanation before the Enquiry Officer, the Enquiry Officer did not consider the explanation of the petitioner and submitted his Enquiry report to the District Magistrate. The petitioner was thereafter, issued a Show Cause Notice but without providing a copy of the Inquiry Report the petitioner again submitted his explanation alongwith affidavit filed by various villagers in his favour. The petitioner's financial and Administrative powers, however, seized on 27.12.2018 and a three member Committee was constituted to carry out the Administrative and Financial responsibility of the Gram Sabha. The petitioner being aggrieved, filed a Writ Petition No.1680 M/S. of 2019 which was dismissed by this Court on 24.01.2019. Without conducting any regular enquiry, thereafter, as is expected under the Rules relying upon the earlier Enquiry report dated 01.09.2018 the District Panchayat Raj Officer imposed the recovery of Rs.3,24,860/- on the petitioner i.e. half of the total loss assessed as Rs.6,49,721/-. The rest of the amount was to be recovered from the Gram Panchayat Secretary one Vivek Ram Singh.