RAJESHWARI KUSHWAHA Vs. DISTRICT MAGISTRATE KANPUR NAGAR

JUDGEMENT

(1.) HEARD Sri P.N. Saxena, learned Senior Advocate, assisted by Sri A.K. Sachan, Sri Ravi Kiran Jain, Senior Advocate, assisted by Sri L.M. Singh for respondent No. 5 and learned Standing Counsel.

(2.) BY this writ petition, the petitioner has prayed for quashing the order dated 16.8.2004 passed by District Magistrate, Kanpur Nagar by which the District Magistrate has ceased the financial and administrative powers of the petitioner under Proviso to Section 95(1) (g) of U.P. Panchayat Raj Act, 1947 and appointed three members Committee.

(3.) SRI P.N. Saxena, learned Senior Advocate, appearing for the petitioner, contended that enquiry report dated 20.2.2004 was not an enquiry report as contemplated in accordance with the provisions of U.P. Panchayat Raj (Removal of Pradhan, Up -Pradhan and Members) Enquiry Rules, 1997 and on the said basis the District Magistrate has no jurisdiction to pass an order ceasing the financial and administrative powers. Sri Saxena contended that neither the District Magistrate nominated the Deputy Director (Panchayat) to conduct the enquiry nor Deputy Director (Panchayat) can be Enquiry Officer under Section 2(c) of U.P. Panchayat Raj (Removal of Pradhan, Up -Pradhan and Members) Enquiry Rules, 1997. Sri Saxena further contended that there was no allegation of financial irregularity against the petitioner, hence financial and administrative powers of the petitioner could not have been ceased.