RAM PADARATH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD counsel for the petitioner, learned Standing Counsel and Sri Jagdish Prasad Tripathi, appearing for the Caveator.

(2.) BY this writ petition, the petitioner has prayed for quashing the order, dated 4.11.2004, passed by the District Magistrate, in exercise of power under Proviso to Section 195 (1) (g) of the U.P. Panchayat Raj Act, seizing financial and administrative power of the petitioner. Learned Counsel for the petitioner challenging the order contended that the Assistant Panchayat Raj Officer, who conducted the preliminary enquiry, is not District Level Officer. He further contended that the District Level Officer must be an officer equivalent to the status of the District Panchayat Raj Officer and cannot be subordinate to the District Panchayat Raj Officer. The learned Counsel for the petitioner further contended that the District Magistrate while passing the order, did not give any opportunity to the petitioner. It has been contended that the show cause notice, dated 19.8.2004, was never served on the petitioner. Learned Counsel for the caveator contended that the Assistant Panchayat Raj Officer is the District Level Officer, who is entrusted the duties pertaining to entire district. Learned Counsel has placed reliance on a copy, of the Circular issued by the Director, Panchayat, dated 11.11.1980, enumerating duties of the Assistant Panchayat Raj Officer (Technical). Learned Standing Counsel has also supported the impugned order.

(3.) THE first submission raised by the counsel for the petitioner is that the Assistant Panchayat Raj Officer is not the District Level Officer. In support of his contention, the counsel for the petitioner has placed reliance on Rule 5 of the U.P. District Panchayat Raj Officers Service Rules, 2000. Another submission raised by the counsel for the petitioner is that the definition of the Enquiry Officer under Rule 2 (c) has to be read that any other District Level Officer has to be equivalent to the level of the District Panchayat Raj Officer and cannot be subordinate to the District Panchayat Raj Officer. The definition of the Enquiry Officer as contained in Rule 2 (c) of the U.P. Panchayat Raj (Removal of Pradhan, Up -Pradhan and Members) Enquiry Rules, 1997, is quoted below :