USHA DEVI Vs. STATE OF UP

JUDGEMENT

(1.) Heard Sri Alok Kumar Yadav, learned counsel for the petitioner Sri V.P. Yadav, learned counsel for the respondents and perused the record. The writ petition is directed against order dated 19.12.2013 (Annexure 9 to the writ petition) passed by District Magistrate, Jaunpur under Section 95(1)(g) of U.P. Panchayat Raj Act, 1947 (hereinafter referred to as "Act, 1947") restraining petitioner from exercising financial and administrative powers in the capacity of Pradhan, Gram Sabha Tazuddinpur, Block Mariyahoon and appointing Enquiry Officer to conduct final inquiry under the rules on the basis of a fact finding report submitted by Assistant Director, (Savings), Jaunpur and Junior Engineer, Rural Engineering Services, Mariyahoon in a joint inquiry.

(2.) The facts giving rise to the present dispute are as under:

(3.) The petitioner was elected Gram Pradhan of Gram Sabha Tazuddinpur, Tehsil Mariyahoon, District Jaunpur in the election held in 2010. One Manoj Kumar, Son of Raj Bahadur Yadav, on account of animosity, made a complaint dated 6.5.2013, which was allegedly signed by some other villagers also. On the said complaint, District Magistrate, Jaunpur passed an order directing Chief Development Officer, Jaunpur to take "immediate necessary action". District Panchayat Raj Officer, Jaunpur issued a letter dated 29.6.2013 addressed to District Savings Officer informing that on the complaint made by Sri Manoj Kumar with a notarial affidavit, District Magistrate, vide order dated 18.6.2013 has appointed him (District Savings Officer) as Enquiry Officer and therefore, he should submit report within a fortnight.