AMIN KHAN Vs. STATE OF U P

JUDGEMENT

(1.) THE application for leave to appeal has been filed challenging the judgment and order of the learned Single Judge dated 9. 1. 2008 passed in Writ Petition No. 60988 of 2007 Smt. Nirmala Verma v. State of U. P. and others.

(2.) THE facts and circumstances giving rise to the appeal are that one Smt. Nirmala Verma, respondent No. 4 had been elected as a Gram Pradhan and proceedings under Section 95 (1) (g) of the U. P. Panchayat Raj Act, 1947 (herein after referred to as the 'act) had been initiated against her on certain charges. THE applicant claims himself to be the complainant on the basis whereof enquiry has been initiated. THE District Magistrate found the charges prima facie estab lished on the preliminary enquiry report and passed the order depriving the said respondent No. 4 from exercising financial and executive powers till regular en quiry is concluded for which he also appointed as Enquiry Officer. THE District Magistrate further appointed a three Members Committee to look after the day to day work of the Gram Sabha. THE applicant is also one of the members of the said Committee. THE said respondent No. 4 challenged the order of the District Magistrate dated 22-11-2007 by means of writ petition No. 60988 of 2007 which has been allowed. THE order dated 22-11 -2007 withdrawing the administrative and financial powers of the said respondent No. 4 has been quashed. However, the learned Single Judge has directed that the regular enquiry be concluded within two months. THE period whereof shall expire on 9-3-2008.

(3.) WE have considered the rival submissions made by learned Counsel for the parties and perused the records.