PRAMOD KUMAR BADONIA Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri Anil Tiwari and Sri Pramendra Singh, learned counsel for the petitioner, Sri Shashi Nandan, learned Senior Advocate assisted by Sri R.S. Gupta, learned counsel for respondent no.5 and Sri C.S. Singh, learned counsel appearing for the State.

(2.) By means of present petition, the petitioner challenges the order dated 13.12.2012 passed by the Principal Secretary, Panchayati Raj, Government of U.P. Lucknow whereby the administrative and financial powers of the petitioner has been kept in abeyance till he is exonerated of the charges in the final enquiry initiated against him and in the meantime the financial and administrative powers and functions of Adhyaksha, Zila Panchayat are to be performed by three member committee of the elected members of Zila Panchayat appointed in this behalf.

(3.) Brief facts giving rise to the present petition are that the petitioner was elected as member of Zila Panchayat and became Adhyaksha of Zila Panchayat on 14.1.2011. The case of the petitioner is that the enquiry was initiated against the petitioner on the basis of the complaint moved by respondents no. 5 & 6 Smt. Sudama Bai and Smt Munni before the Principal Secretary, Panchayat, U.P. Government, Lucknow. The enquiry was initiated by the State Government in exercise of powers under Section 29 of U.P. Kshettra Panchayat and Zila Panchayat Adhiniyam, 1961(hereinafter referred as 'the Act, 1961).