ASHA AWASTHI Vs. STATE OF U.P

JUDGEMENT

(1.) Sri Alok Singh appears for petitioner and Sri Ratnesh Kant Agnihotri, learned Additional Chief Standing Counsel for the State.

(2.) This petition has been filed challenging order dated 3.9.2020 passed by respondent no.2 seizing financial and administrative power of petitioner who is Gram Pradhan and nominating three members Committee of members of Gram Panchayat to act and discharge duties necessary for administration of Gram Panchayat during pendency of enquiry to be held against petitioner under Sec. 95(1)(g) of U.P. Panchayatraj Act and U.P. Panchayatraj (Removal of Pradhans, Up Pradhans and Members) Enquiry Rules 1997 (hereinafter referred to as 1997 Rules).

(3.) It is case of petitioner that on complaint being made of alleged irregularities committed by petitioner, by the member of Legislative Assembly of constituency Biswan Sitapur in the year 2018, the then District Magistrate issue a letter to Block Development Officer, Biswan, Sitapur to find out correctness of complaint so made. The Block Development Officer by letter dated 4.12.2018 constituted a preliminary enquiry Committee consisting of one Junior Engineer, Rural Engineering Services Department, Biswan, one Junior Engineer in Minor Irrigation Department, Biswan and one Assistant Development Officer (Panchayatraj) of Development Block Biswan, and in the report submitted on 24.8.2019 before Block Development Officer certain irregularities in carrying out development works and misappropriation of Rs.2,77,337/- was alleged. A show cause notice was issued on 14.10.2019 on the basis of such reported submitted by Block Development Officer to District Magistrate. The petitioner submitted reply on 5.12.2019 before District Magistrate specifically saying that all construction work has been carried out properly and estimate prepared was verified by Technical Assistant in accordance with guidelines for MNREGA.