MUKESH KUMAR Vs. STATE OF U P

JUDGEMENT

(1.) Heard Sri C.K.Parekh, the learned counsel for the petitioner, Sri Manish Chandra Tiwari, the learned counsel for the complainant and the learned Standing Counsel.

(2.) In spite of a stop order being passed, no counter affidavit has been filed by the learned Standing Counsel on behalf of the State.

(3.) The petitioner is the elected Gram Pradhan. Respondent no.7 filed a complaint and, on that basis, a preliminary enquiry was held under the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans And Members) Enquiry Rules, 1997 (hereinafter referred as the Rules). In this preliminary enquiry, a prima facie case of financial irregularity was made out and on that basis, the District Magistrate issued an order ceasing the financial and administrative powers of the petitioner and further directed a final enquiry to be held in accordance with provisions of Rule 6 of the Rules.