KHALIL AHMAD Vs. ADDITIONAL COLLECTOR, ALLAHABAD AND OTHERS

JUDGEMENT

(1.) This is a petition against the removal of a Pradhan under Sec. 95(l)(g) of the U. P. Panchayat Raj Act, The brief facts of the case are that the petitioner was elected as Pradhan in the year 1972. Subsequently complaints were filed against him and the Sub-Divisional Officer ordered the complaints to be enquired into by the Tahsildar. The Tahsildar in his turn tent down the enquiry to the Naib Tahsildar. On 19 5 76 the Naib-Tahsildar examined the petitioner alone and on the basis of the statement submitted his report on 20-6-76 An application was moved by the complainant against the petitioner before the Sub-Divisional Officer. Soraon, Allahabad setting aside the the report of the Naib Tahsi dar alleging that it was ex parte and the Tahsildar or the Sub-Divisional Officer him self may conduct the enquiry. Subsequently the Tahsildar was ordered to make an enquiry into the matter after hearing both the parties. On 30th June, 1976, the opposite party complainant produced two witnesses. The case was thereupon adjourned for 3rd July. 1976 and on that two more witnesses were examined. The case thereafter. could not to taken up till 17th July, 1976 The petitioner filed certain papers and sought time to produce his evidence. The order Sheet of 17th July, 1976, shows that the case was thereafter adjourned for 24th July, 1976. On 24th July, 1976 the Presiding Officer was on leave and the case was adjourned for 5-1976. Annexure "5" of the writ petition is another application moved by the. complainant before the Sub-Divisional Officer. Soraon, Allahabad. In that application a complaint was made that proceedings were being prolonged inasmuch as the petitioner was not submitting the full papers without which it was not possible to have the complete charges. An order was passed on the same day by the Sub-Divisional Officer Soraon calling for the file from the Tahsildar. The papers seen to have been sent on the same day. Thereafter on 5-8 1976 the papers were summoned by the Sub Divisional Officer and the petitioner was ordered to submit the same on 7th Aug., 1976. However, the petitioner did not produce the papers as ordered and a warning was issued and he was called upon to submit the papers immediately. The petitioner then submitted the papers on 13- 8- 1976.

(2.) It so seems that an application for transferring the case from the court of the Sub-Divisional Office Soraon to some other court was moved on 12-8-1976. However, the case was decided on the basis of the record by the Sub-Divisional Officer on 8.9.76. An appeal was filed against that order before the District Magistrate, Allahabad which was decided by the. Additional Collector, Allahabad by order dated 29 8 77, He dismissed the appeal holding that there was proper enquiry and the petitioner was afforded full opportunity of hearing and adducing evidence.

(3.) Learned counsel for the petitioner has argued that after the adjournment of the case on 24th July, 1976, the evidence was to be produced on 5th Aug., 1976. According to the learned counsel, that state never reached and the judgment was pronounced.