SHANTI Vs. DISTRICT MAGISTRATE SULTANPUR

JUDGEMENT

(1.) Heard learned counsel for the petitioner Sri Ram Lagan Mishra and learned standing counsel.

(2.) The controversy Involved In the present writ petition is as to whether the respondent No. 4 viz. Alp Sankhyak Kalyan Adhikari (Task Force Officer). Block Baldirai, Sultanpur. is empowered to hold preliminary enquiry as contemplated under Section 95 (1) (g) of U. P. Panchayat Raj Act, 1947, read with U. P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 [hereinafter referred to as the Enquiry Rules) or not ?

(3.) The petitioner-Smt. Shantl ts a duly elected Pradhan of Gram Panchayat. Saini, Block Baldirai, district, Sultanpur. It is urged by the learned counsel for the petitioner that the respondent No. 4 (Enquiry Officer) is not an authorized person to hold preliminary enquiry under the provisions of Section 95 (1) (g) of U. P. Panchayat Raj Act, 1947 read with Enquiry Rules, 1997, published in the U. P. Gazette Extra Part-IV Section (kha) dated 29.5.1997 inasmuch as the impugned show-cause notice dated 28.12.1999 Issued by the District Panchayat Raj Officer, Sultanpur (respondent No. 2) is liable to be set aside.