SANGEETA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) S.Rafat Alam, Vikram Nath-This is intra court appeal, under the rules of the court arising from the judgment of the Hon'ble single Judge of this Court dated 7.4.2008 dismissing the petitioner-appellant's Civil Misc. Writ Petition No. 17785 of 2008 for quashing the order of the District Magistrate, Kushinagar dated 30.3.2008 whereby the financial and administrative power of the appellant has been suspended under the proviso to Section 95 (1) (g) of the U. P. Panchayat Raj Act, 1947 (for short the Act).

(2.) WE have heard learned counsel for the appellant and Sri O. N. Rai, learned standing counsel for the State-respondents and also perused the record.

(3.) IN our view, there is no substance in the submission. The order impugned in the writ petition is passed under first proviso of Section 95 (1) (g) of the Act, which empowers the State Government to withdraw financial and administrative powers and function of Pradhan or Up. Pradhan, who is prima facie found to have committed financial and other irregularities until he is exonerated of the charges in the final enquiry and till then such power shall be exercised by a Committee consisting of three members of Gram Panchayat. For ready reference Section 95 (1) (g) of the Act is extracted hereinafter :