CHANDRA PAL SINGH Vs. STATE OF U P

JUDGEMENT

(1.) H. L. Gokhale, CJ. Heard Sri S. K. Verma, Senior Advocate for the appellant. Sri M. K. Sharma appears for Respondents No. 9 to 12 and Sri Y. K. Yadav appears for Respondents No. 1, 2, 6, 7 and 8.

(2.) THE appellant is a Pradhan of Gram Panchayat Kuri Rawana in district Moradabad. He has been proceeded against for financial irregularities in a pre liminary enquiry under Rule, 4 of the U. P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as the Rules) and his financial and administrative powers have been removed. He has to now face forma! enquiry under Rule 5 of the Rules. It is at this stage that the appellant has filed a petition and challenged the order dated 3. 12. 2007 passed by the District Magistrate, Moradabad withdrawing his financial and administrative powers. THE learned Single Judge has dismissed the petition, hence this appeal.

(3.) ENQUIRY Officer.- Where the State Government is of the opinion, on the basis of the report referred to in sub-rule (2) of Rule 4 or otherwise that an enquiry should be held against a Pradhan or Up-Pradhan or Member under the proviso to clause (g) of sub-section (I) of Section 95, it shall forthwith constitute a committee envisaged by proviso to clause (g) of sub-section (1) of Section 95 of the Act and by an Order ask an ENQUIRY Officer, other than the ENQUIRY Officer nominated under sub-rule (2) of Rule 4, to hold the en quiry. " 5. Even Rule 2 (c) which defines "enquiry Officer" has been amended on 5. 10. 2001. Earlier it was to mean an officer not below the rank of District Panchayat Raj Officer, whereas after 5. 10. 2001 it reads as under: "'enquiry Officer' means the District Panchayat Raj Officer or any other dis trict level officer, to be nominated by the District Magistrate;"