BITANA Vs. COLLECTOR

JUDGEMENT

(1.) Through the instant writ petition, the petitioner who is a Pradhan, has prayed for quashing of the order dated 1.7.2003 passed by opposite party No. 1 whereby her financial and administrative powers have been withdrawn and the same has been directed to be exercised and performed by a Committee consisting of 3 members of the Gram Panchayat. The members of the said committee have been impleaded as opposite parties No. 3 to 5 on behalf of whom a counter-affidavit has been filed by Sri Nirmal Tiwari.

(2.) The contention of the petitioner is that the order impugned is manifestly illegal and suffers from an error apparent on the face of the record inasmuch as prior to the passing of the said order, no opportunity was afforded to the petitioner nor any explanation was called for from her. His submission thus is that the same is in utter violation of principles of natural justice. He next submitted that the action of the opposite party No. 1 is illegal and arbitrary as the enquiry upon which the reliance has been placed by the opposite parry No. 1 is an ex parte enquiry in which too the petitioner was not afforded any opportunity. He further submitted that the said enquiry is not based on any material which could lead to the conclusion that there has been a misappropriation or embezzlement of the amount indicated in the impugned order. He submits that the petitioner is not guilty inasmuch as neither has she committed any embezzlement nor misappropriated any amount. According to him, Gram Panchayat Officer has also been indicated to have misappropriated the money but no action has been taken against the said officer. Annexures-6 and 7 are the applications said to have been moved before opposite party No. 1 for getting an enquiry conducted against the said Gram Panchayat Officer.

(3.) In support of his arguments the learned counsel for the petitioner attracted the attention of this Court to Section 95 (g) and provisos appended to the said Section of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as an 'Act'). On the strength of the said provisos, he submitted that prior to the withdrawal of the administrative and the financial powers an opportunity was required to be given to her. Section 95 (g) is reproduced herein under :