RAMSHRI Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Mr. N.C. Tripathi along with Suchita Tripathi, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

(2.) The writ petition has been filed assailing the order dtd. 21/8/2023 passed by respondent no.3 vide which the financial and administrative powers of the petitioner Pradhan has been ceased.

(3.) Brief facts of the case are; that the petitioner was elected Pradhan of Gram Panchayat Tedhi, Tehsil Dataganj, District Budaun, for a period of five years as per the elections held in the year 2021. It appears that a complaint was made against the petitioner regarding serious irregularities in the development work in the concerned village. The District Magistrate by order dtd. 28/12/2022 directed the District Minority Welfare Officer and Assistant Engineer to conduct a preliminary enquiry, report of which, was submitted before the District Magistrate, on the basis of which a show cause notice dtd. 4/5/2023 was issued to the petitioner as to why the petitioner's financial and administrative powers should not be ceased in exercise of powers under Sec. 95(1)(g) of U.P. Panchayat Raj Act, 1947, (in short "Act of 1947"). The petitioner submitted an application dtd. 31/5/2023 requesting to provide copy of the complaint and enquiry report as referred in the show cause notice. The District Panchayat Raj Officer by letter dtd. 3/6/2023 sent one page complaint and photocopy of the preliminary enquiry report along with a covering letter dtd. 25/2/2023 directing her to file a reply within three days to the show cause notice dtd. 4/5/2023. As the petitioner required all the documents for submission of reply to the show cause notice, she applied for a copy of complaint along with affidavits filed in support thereof under Right to Information Act and she has been provided a copy of complaint along with all affidavits filed in support thereof vide covering letter dtd. 24/8/2023 issued by District Panchayat Raj Officer, Budaun. The petitioner submitted her reply in the first week of June, 2023 and the District Magistrate, without following the proper procedure as prescribed under law, has passed the impugned order dtd. 21/8/2023 ceasing the financial and administrative powers of the petitioner-Pradhan, hence, the present petition has been filed.