RAJ KUMAR SHARMA S/O LATE LAL BACHAN SHARMA Vs. STATE OF UTTAR PRADESH THROUGH SECRETARY, PANCHAYATI RAJ, GOVERNMENT OF U.P. AND OTHERS

JUDGEMENT

(1.) Heard Sri V.K. Singh, Advocate on behalf of the petitioner, Vashishtha Tewari, Advocate on behalf of respondent no. 5 learned Standing Counsel on behalf of respondent nos. 1 to 4. Parties agree that the present writ petition may be finally at the admission stage itself without calling for counter affidavit.

(2.) The petitioner, Raj Kapoor Sharma is the elected Pradhan Gram Panchayat Mahuari, Block Pathardewa District Respondent no. 5, Jai Prakash is alleged to have made certain complaints against, the petitioner on the ground that i the Pradhan (petitioner) has committed various financial and administrative irregularities. A preliminary enquiry was held against petitioner as Pradhan in accordance with the provisions of U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry 1997 (hereinafter referred to as the 1997 Rules). By means of the order dated 30th March, 2005 the District Magistrate seized/suspended the financial and and administrative powers of the petitioner as Pradhan in exercise of power under Sec. 95 (1)(g) of the U.P. Panchayat Raj Act, 1947 and has appointed a three members committee to look after the affairs of the Gram Panchayat.

(3.) The aforesaid order of the District Magistrate, Deoria has been challenged basically on the ground that the preliminary the complaint made against the petitioner has been conducted by the the Assistant Engineer, The Assistant Engineer is not a District Level officer and therefore, cannot hold inquiry against the Pradhan in view of the provisions of 1997 Rules.