ANAMIKA SHUKLA Vs. STATE OF U.P.

JUDGEMENT

(1.) Following orders were passed by this Court in the matter on 5.10.2020:-

(2.) Learned Standing Counsel has obtained instructions according to which the cheques which have been issued contains the signatures of the petitioner Pradhan. A certificate of the Bank Manager dated 24.3.2020 has also been annexed along with the instructions. It is stated that prima facie materials exists to implicate the petitioner subject to final enquiry to be held in accordance with Rule 5 and 6 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. It is urged that the verification from the Manager of the concerned Bank exits on record and consisted of material on the basis of the District Magistrate has taken decision to cease the administrative and financial powers of petitioner.

(3.) Learned counsel for the petitioner submits that there is no complaint filed and, therefore, by virtue of Rule 3(5) of the Enquiry Rules, 1997 no enquiry can be entertained and the entire proceedings conducted are without an authority of law. It has also been stated that the implication of two persons clearly proves that the financial irregularity, if any, is at the instance of the Panchayat Secretary for which the petitioner cannot be implicated.