PITAM SINGH PRADHAN Vs. SUB DIVISIONAL OFFICER SARDHANA

JUDGEMENT

(1.) Supplementary affidavit has been filed. This Writ Petition has been filed for quashing order dated 12th April, 1993, which is Annexure-10 to the Writ Petition, and for quashing complaint dated 2nd December, 1991 filed by Respondent no, 4 against Petitioner. Further a writ of mandamus has also been sought directing Respondent No. 1 Sub-Divisional Officer, Sardhana, district Meerut not to compel the Petitioner to submit the record hi- his Court and he should be further directed not to interfere in the peaceful functioning of Petitioner as Pradhan of Gaon Sabha Azampur Mulsam.

(2.) Facts giving rise to this Writ Petition are that Respondent No. 4 Bachan Singh and others filed a complaint against Petitioner alleging certain irregularities and illegalities committed by Petitioner in discharge of duties and functioning as Pradhan of the village. The main allegations were that the work of laying out Kharanza was done by village people themselves voluntarily as 'Sram Dan' without any payment. However Pradhan has charged money for this and thus has misused his office and misappropriated the amount. It was also mentioned that the amount to the tune of Rs. 13,100 was realised from Hari Singh for fishing right in the tank of Gaon Sabha but he has not been given receipt, Rs. 10,000 has been realized from another person for collecting hides and bones of dead animals in the village, but no receipt has been issued. Certain allegations have also been made with regard to the other properties of Gaon Sabha which are not necessary to be reproduced here. The complaint is Annexure-1 to the Writ Petition. On the allegations of this complaint proceedings under Section 95(1) (g) of U.P. Panchayat Raj Act, hereinafter referred to as 'Act' have been initiated against Petitioner and he was served with a Show Cause Notice dated 28th April, 1992 to explain charges against him. The notice is Annexure-2 to the Writ Petition. Petitioner submitted his reply to Show Cause Notice on 16th June, 1992, which is Annexure-3 to the Writ Petition. Thereafter Sub-Divisional Officer, Sardhana, Meerut, Respondent No. 1 passed order dated 22nd December, 1992 directing Petitioner to' produce all the documents of Gaon Sabha namely relevant muster roll register and Minute book etc. by 26th December, 1992. Aggrieved by this order Petitioner filed a revision before the State Government which was registered as Revision No. 1 of 1993. Revision was rejected by order dated 13th January, 1993. The order of the State Government was challenged in Civil Misc. Writ Petition No. 246 of 1992 before the Lucknow Bench of this Court. The Writ Petition was dismissed on merits on 22nd January, 1993. The contention of the Petitioner that he could not be forced to produce the document was not accepted by this Court. It would be appropriate at this place to produce the direction of this Court contained in the order dated 22nd January, 1993 which is Annexure 7 to the Writ Petition:

(3.) It appears that after judgment of this Court Petitioner filed another objection questioning the jurisdiction of the Respondent No. 1 on 22nd February, 1993. The Respondent No. 1 heard the Petitioner at length and thereafter has rejected objection by the impugned order dated 12th April, 1993; which is Annexure-10 to the Writ Petition, aggrieved from which this Writ Petition has been filed under Article 226 of the Constitution of India.