SHER ALI Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner was elected as a Pradhan of the Gram Panchayat Vait, Block Shimbhawali, District Hapur in October, 2010. On 07th April, 2012, respondent nos. 5 and 6 filed a complaint, which remained pending, and accordingly, the said respondents filed a writ petition no. 49571 of 2012, which was disposed of by an order dated 25th September, 2012 directing the District Magistrate to enquire into the complaint, if it was in accordance with Rule 3 of the U.P. Panchayat Raj (Removal of Pradhan and Up Pradhan and Members) Enquiry Rules, 1997 (hereinafter referred to as the Rules of 1997). Based on the direction of the Court, the District Magistrate initiated an enquiry by appointing an enquiry officer. A preliminary enquiry report was submitted on the basis of which, the District Magistrate passed an order dated 28th February, 2013 ceasing the financial and administrative powers of the petitioner and simultaneously appointing a three member committee to discharge the financial and administrative powers. The petitioner, being aggrieved by the said order, filed writ petition no. 13107 of 2013, which was allowed by an order dated 08th March, 2013. The impugned order was set aside and the Court directed the District Magistrate to decide the matter afresh.

(2.) The District Magistrate, thereafter, passed a fresh order dated 30th March, 2013 again ceasing the financial and administrative powers of the petitioner, against which, the petitioner filed writ petition no. 20758 of 2013, which was disposed of with a direction to the District Magistrate to get the final enquiry concluded under the Rules of 1997. The petitioner preferred a special appeal no. 756 of 2013, which was dismissed as not maintainable.

(3.) Based on the said order of the High Court, the District Magistrate initiated a final enquiry purported to be under Rules 5 and 6 of the Rules 1997 and, upon the submission of the enquiry report, the District Magistrate passed the impugned order dated 17th June, 2013 directing recovery of Rs. 1,16,358.16 paise from the petitioner and further ceasing the financial powers. The petitioner, being aggrieved by the order of the District Magistrate directing the recovery of the amount and ceasing the financial powers, has filed the present writ petition.