GHAUHAN Vs. PARGANADHIKARI, SAIDPAR, DISTRICT, GHAZIPUR AND OTHERS

JUDGEMENT

(1.) By the present petition under Art. 226 of the Constitution of India the petitioner, who is a Pradhan and has been suspended pending enquiry by the impugned order dated 12-10-1990 (Annexure-5 to the petition) has prayed for a writ of certiorari quashing the impugned order.

(2.) The petitioner was elected as Pradhan, Later on some allegations were made against him to the effect that he has given some incorrect statement in the capacity of Pradhan about the death of one Kamta Singh of Village Bijahri that he was dead. This statement was given in the court of Consolidation Officer and an enquiry appears to have been held and it was found that Kamta Singh was alive. On that matter an opinion was sought from the D. G. C. (Revenue) who expressed his opinion on 12-10-1989 that the action of the Pradhan amounts to misconduct and action can be taken against him under Sec. 95(l)(gg) of the Panchayat Raj Act, 1947 (for short the Act). The next allegation against the petitioner was that he has misappropriated the fund received by him in connection with the Jawahar Rozgar Yojna by committing irregularities. After the complaints were received an enquiry was held by the Block Development Officer, who by his letter dated 24-4-1990 held that the Pradhan, the petitioner was not co-operating in the enquiry and was not submitting the relevant papers and an enquiry in that connection was pending. The other enquiry was about the misappropriation of Government money in connection with the Jawahar Rozgar Yojna. If was directed that an FIR be lodged against the Pradhan and documents may also be obtained from him and by the impugned order the petitioner has been suspended.

(3.) Sri H. S. N. Tripathi, learned counsel for the petitioner urged that under Sec. 95(1 )(gg) of the Act, no prima facie satisfaction of the Sub-Divisional Officer has been recorded nor opportunity of hearing was given before passing the impugned order as required by proviso to Sec. 95(l)(h) of the Act. Reliance was placed on Khajan Singh Vs. Sub-Divisional Officer, Aligarh, 1978 AWC 1 ; Jangali Singh Vs. Sub-Divisional Officer, 1977 AWC 497 and Kulbhushan Chopra Vs. The Punjab National Bank, 1979 Service Law Reports 436.