TNDU DEVI Vs. DISTRICT MAGISTRATE, CHITRAKOOT AND OTHERS

JUDGEMENT

(1.) HEARD learned Counsel for the appellant and the learned Standing Counsel appeared for the respondents. This appeal has been filed against the judgment dated 1.12.2005 passed by a learned Single Judge dismissing the writ petition filed by the appellant challenging the orders dated 29.3.2000 (Annexures-6 and 6-A) filed along with the writ petition.

(2.) BY the two impugned orders in the writ petition dated 29.3.2000, the administrative and financial powers of the writ petitioner-appellant were ceased under Section 95(1)(g) proviso of the U.P. Panchayat Raj Act, 1947 and by another order of the same date, i.e. 29.3.2000, it was held that the writ petitioner is guilty of misappropriation of an amount of Rs. 1,09,606/- and consequently the half amount be recovered from the Pradhan-petitioner and half amount from tne Gram Panchayat Adhikari.

(3.) LEARNED Single Judge by his impugned judgment held that a show cause notice was given to the appellant to submit her reply and the writ petitioner has submitted her written reply. After consideration of which, the District Magistrate had directed that the half amount be recovered from the writ petitioner. Learned Counsel for the appellant contended before us that the inquiry was not held in accordance with the rules. He further submitted that in view of the interim order passed by this Court in the writ petition, the appellant continued to function as Pradhan of the Village, but now the term of office has come to an end.