BHAGWAN DEEN VERMA Vs. STATE OF U P

JUDGEMENT

(1.) -Heard P. N. Saxena senior advocate, assisted by Sri Amit Saxena advocate on behalf of the petitioner, standing counsel on behalf of respondent Nos. 1 to 3 and Sri A. N. Verma advocate on behalf of respondent No. 4. Parties agree that the writ petition nay be finally decided at this stage itself.

(2.) PETITIONER Bhagwan Deen Verma is the elected Pradhan of Gram Panchayat Artara, Block Maudaha, District Hamirpur. The District Magistrate vide order dated 31st March, 2004 ceased the financial and administrative powers of the Pradhan under Section 95 (1) (g) proviso of the Panchayat Raj Act. Feeling aggrieved by the said order, petitioner had filed Writ Petition No. 14474 of 2004. The writ petition so filed was disposed of vide judgment and order dated 1.3.2005 with a direction that the District Magistrate may pass fresh reasoned order after considering the reply of the petitioner.

(3.) SO far as the challenge to the finding recorded in respect of individual charges by the District Magistrate on the basis of the enquiry proceedings against the petitioner is concerned, this Court under Article 226 of the Constitution of India cannot re-appreciate the evidence and cannot upset the conclusion arrived at by the District Magistrate on such re-appreciation of evidence. However, it is worthwhile to reproduce the finding recorded in respect of the charges against the petitioner in respect of the charge Nos. 1 and 2, which are quoted herein below : ...[VERNACULAR TEXT OMMITED]...