NEELAM NIGAM Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Anuj Garg, learned Standing Counsel for the State.

(2.) These two writ petitions were heard together and the same are being decided by this common judgement. Writ Petition No. 22127 (MS) of 2019 has arisen against the show cause notice dated 11.7.2019 whereas the second writ petition i.e. Writ Petition No. 26883 (MS) of 2019 is directed against the order dated 19.9.2019 whereby the petitioner has been removed from the office of Gram Pradhan on the alleged ground of holding the office of profit i.e. Auxiliary Nursing Midwifery (hereinafter referred to as the ''ANM') It is not in dispute that the petitioner is an elected Gram Pradhan and during currency of her term as Gram Pradhan, she came to be selected as ANM and has been engaged on a monthly payment of honorarium to the tune of Rs. 12128/-. It is gathered from the record that a complaint was made by one Maya Ram Verma to the District Panchayat Raj Officer on 23.4.2019 which triggered an action against the petitioner. The alleged disqualification gave rise to a notice dated 11.7.2019 under Section 5-A(c) of the U.P. Panchayat Raj Act, 1947 which was assailed by the petitioner in Writ Petition No. 22127 (MS) of 2019.

(3.) During pendency of the above writ petition, an order was passed by the District Magistrate on 19.9.2019 removing the petitioner from the office of Gram Pradhan. Resultantly, another Writ Petition No. 26883 (MS) of 2019 was filed assailing the order passed by the District Magistrate under Section 95(1)(g) of the Act.