(1.) PRADEEP Kant, J. It is for the second time, the petitioner being aggrieved by the order of cessation of powers, both administrative and financial as Zila Panchayat Adhyaksha, has approached this Court. Previously, an order was passed on the same charges ceasing the administrative and financial powers vide order dated 14. 2. 08, which became the subject matter of challenge in Writ Petition No. 1609 (MB) of 2008 and which order was quashed by this Court on 1. 4. 08. The writ petition was thus, allowed. Liberty was, however, given to the State for holding a fresh enquiry, if it so desires. In response to the liberty given by the Court, the present order has been passed.
(2.) INITIALLY, the petitioner approached this Court by filing Writ Petition No. 873 (MB) of 2008 with the plea that some enquiry had already been conducted and, therefore, fresh enquiry cannot be conducted under Rule 4 (1) of the Rules of 1997 but that writ petition was dismissed on the instructions received by the State counsel that no finding has been passed against or in favour of the petitioner nor any enquiry has been conducted against her. The Court, while dismissing the writ petition, gave liberty to the petitioner to approach this Court, in case any order is passed or action is taken against him. This order was passed on 14. 2. 08.
(3.) HERE it may be pertinent to mention that the first order of cessation of administrative and financial powers dated 14. 2. 08 was quashed on two grounds, namely, no opportunity was afforded to the petitioner in the preliminary enquiry to put forward her defence nor was she associated with the enquiry in any manner, and that the charges, as they were framed, could not be said to have been proved nor were such, so as to constitute any misconduct or financial irregularity, making the petitioner liable for removal.