SOMWATI Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Shukla, J. Smt. Somwati, the petitioner, in the present writ petition is assailing the validity of order dated 20. 8. 2008 passed by District Magistrate, Bareilly, proceeding to seize financial as well as administrative powers of 5 Pradhan of the village and constituting three member committee to look after the functions of Pradhan.

(2.) BRIEF facts, giving rise to instant writ petition, are that petitioner was elected as Pradhan of village Angadpur Khamariya, Block Bhuta, District Bareilly. On account of irregularities being committed by petitioner, qua her functioning as Pradhan, show cause notice was issued to her on 1. 2. 2008. Petitioner submitted her reply on 24. 3. 2008. Order was passed mentioning therein that preliminary enquiry was got conducted by Assistant Engineer (Minor Irrigation) and petitioner had been found guilty, as such in exercise of authority under the first proviso to Section 95 (1) (g) of the U. P. Panchayat Raj Act, 1947, her financial as well as administrative powers were to be seized and three member enquiry committee was to be constituted. Against the said order, petitioner preferred Civil Misc. Writ Petition No. 16727 of 2008. This Court on 31. 3. 2008 passed following order: The nature of charge namely inefficiency of explanation of Rs. 15,44/- for the construction of drain, the distribution in mid day meal, misuse of Rs. 1,000/- in scholarship and the construction of toilets, do not appear to be such that in view of the explanation submitted by the petitioner the suspension of administrative and financial power was necessary in the enquiry under Section 95 (1) (g)of the U. P. Panchayat Raj Act, 1947. Until further orders, the effect and operation of the impugned order dated 24. 3. 2008 passed by District Magistrate, Bareilly shall remain stayed. The formal enquiry will be conducted expeditiously. "

(3.) LEARNED Standing Counsel, on the other hand, has contended that rightful action has been taken and as such no interference be made.