MUKESH RAJPUT Vs. STATE OF U P

JUDGEMENT

(1.) THIS writ petition has been filed against the impugned order dated 23 -6 -2003 Annexure 1 to writ petition by which administrative and fiscal powers of the petitioner have been taken away from him till the completion of the enquiry against him. Heard learned Counsel for the parties.

(2.) THE petitioner has alleged that he was elected Adhyaksh of Zila Panchyat, Farrukhabad on 8 -8 -2000 is functioning as such since then. It appears that there were serious allegations against him and a preliminary enquiry was held by the Commissioner, Kanpur Division, into those charges. In that enquiry the petitioner was given a show -cause notice but he did not give reply.

(3.) UNDER Section 29 of the U.P. Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 the State Government can remove in Adhyaksha if in an enquiry he is found guilty of misconduct in the discharge of his duties. The proviso to Section 29 states that if an Adhyaksha is prima facie found to have committed financial and other irregularities he can be stopped from performing financial and administrative functioning until he is exonerated in the enquiry.