LAWS(ALL)-2025-5-13

USHA DEVI Vs. STATE OF U.P.

Decided On May 23, 2025
USHA DEVI Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) The order dtd. 5/4/2025 passed by the District Magistrate, Ballia is under challenge in the present writ petition. By the aforesaid order financial power of the petitioner has been ceased.

(2.) The facts in brief as contained in the writ petition is that on the complaint made against the petitioner, who is a Gram Pradhan, on 16/7/2024 enquiry committee was constituted under the Chairmanship of the District Probation Officer, Ballia. The aforesaid committee submitted its report on 1/4/2025. Pursuant to the aforesaid show cause notice was issued to the petitioner on the same day. Reply to the same was submitted by the petitioner on 4/4/2025 and subsequent to the same on the very next date, i.e., 5/4/2025 the order impugned has been passed by which financial and administrative powers of the petitioner has been ceased. While going through the aforesaid order the Court is more than satisfied that the said order has been passed without application of mind. The relevant portion of the order reads as follows :-

(3.) This fact is also admitted by the learned Standing Counsel appearing on behalf of respondent-State and Sri Rajesh Kumar Singh, Advocate, holding brief of Sri Vinod Kumar Singh, Advocate, who put up his appearance on behalf of complainant.