ANGOORI DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard learned counsel appearing on behalf of the petitioner and the learned standing counsel for the contesting respondents. The petitioner has also filed a supplementary affidavit, the same will be taken on record.

(2.) It appears that respondent No. 4, namely, Karan Singh, had made some sort of complaint dated 3rd of August, 2003 addressed to the District Magistrate, Allgarh with regard to the irregularities made in distribution of the scholarship meant for the purposes of students belonging to Scheduled Caste studying in Class I to V in Primary Pathahsla, Khitkari, Jalali, Vikas Khand Dhanipur, district Aligarh. Thereafter an enquiry was conducted and it was found that the petitioner, who is Pradhan of the village concerned, is responsible for misappropriation of a sum of Rs. 40,800, therefore, the impugned order dated 23rd August, 2003 has been passed by Zila Samaj Kalyan Adhikari, Aligarh directing the petitioner to deposit the aforesaid amount of Rs. 40,800 within a week, failing which the same will be recovered as arrears of land revenue from the petitioner, copy whereof is annexed as Annexure-4 to the petition.

(3.) Learned counsel appearing on behalf of the petitioner argued that this order of recovery has been passed without giving any opportunity of hearing to the petitioner. The statement, to this effect, has been made in paragraph 21 of the writ petition that no opportunity whatsoever has been given to the petitioner. It is also not clear, either from the enquiry report, or from the impugned order that any opportunity has been given to the petitioner.