SUHAGA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) We have heard Shri Vijendra Singh, learned Counsel for the Petitioner. Learned Standing Counsel appears for the State Respondents. Shri K.S. Shukla appears for Director, Mid-Day Meal, Lucknow.

(2.) The Petitioner Smt. Suhaga Devi was Pradhan of Gram Mujaria, block Sahaswan, District Budaun in the previous term of five years upto October, 2010. She has filed this writ petition to set aside the order of the District Magistrate, Budaun dated 14.1.2011 directing her to deposit the balance of conversion cost amounting to Rs. 1,98,224/- transferred to her upto 30.9.2010 and the balance of the quantities of wheat (10.94 quintals) and Rice (32.27 quintals) given to her in the previous five years under the Mid-Day Meal Scheme. The District Magistrate has, in his impugned order, arrived with these figures after balancing the account with the documents produced by the Assistant Basic Education Officer.

(3.) Learned Counsel for the Petitioner states that the order has been passed without giving opportunity to the Petitioner to show-cause and to submit her explanation. He further submits that the amount was transferred to the Gram Sabha fund and thus was the Gram Sabha property. The District Magistrate should have followed the procedure prescribed for recovery of the amount as surcharge under Section 27 of the U.P. Panchayat Raj Act, 1947.