RADHA KRISHNA SHARMA Vs. STATE OF U P

JUDGEMENT

(1.) M. Katju, J. This writ petition has been filed against the impugned order dated 15. 7. 96 Annexure 1 to the writ petition.

(2.) BY the impugned order financial and administrative powers of the petitioner who is the gram pradhan have been taken away till the pendency of the enquiry under the first proviso to Section 95 (1) (g) of U. P. Panchayat Raj Act. A perusal of the im pugned order shows that there are several complaints of financial and other ir regularities against the petitioner.

(3.) LEARNED counsel for the petitioner lastly submitted that no authority has been specified under the first proviso to S. 95 (1) (g ). I do not agree with this contention. By a notification under Section 95 (l) (g) of U. P. Panchayat Raj Act, the Sub Divisional Of ficer has been delegated the power of the State Govt. , and hence in my opinion, a Sub Divisional Officer has the power to pass the order under the first proviso. The im pugned order has been passed by a Deputy Collector and the Sub Divisional Officer is of the rank of Deputy Collector.