SAROJANA DEVI Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 18.12.2000 passed by the District Magistrate, Gorakhpur and quashing the enquiry report dated 12.9.2000. Prayer for a direction in the nature of mandamus directing the respondents not to realize the amount in question from the petitioner has also been made.

(3.) The petitioner Smt. Sarojna Devi was holding the office of Pradhan of Village. Barigaon, Post Barigaon, tahsll Khajani, Block Belghat, district Gorakhpur. She continued to hold the said office till June, 2000. During continuance of her term, several complaints were received in the office of the District Magistrate against the petitioner. The complaints were also sent by the villagers to other authorities. The District Magistrate, on the basis of the said complaints, directed the District Panchayat Raj Officer to conduct the enquiry. The Secretary and the Minister concerned are also stated to have passed the similar orders. The enquiry is alleged to have been conducted by the Assistant Development Officer. Shri Ram Gopal Gupta, who happened to be Assistant District Panchayat Raj Officer in compliance of the order passed by the District Magistrate. Sri Ram Gopal Gupta submitted his report after enquiry on 12.9.2000 to the District Magistrate holding that the charges levelled against the petitioner were proved. On the basis of the report dated 12.9.2000, the District Magistrate passed the impugned order dated 18.12.2000 whereby he directed the petitioner to deposit the amount in question within the lime prescribed by him falling which it has been directed that serious disciplinary action shall be taken against her. Hence, the present petition.