MOHD AHSAN Vs. STATE OF U P

JUDGEMENT

(1.) V. K. Shukla, J. Petitioner nas approached this Court, questioning the validity of order dated 27. 6. 2008 passed by District Magistrale, Moradabad, removing the petitioner from the post of Pradhan in exercise of authority vested under Section 95 (1) (g) (iii)of theu. P. Panchayat Raj Act, 1947.

(2.) BRIEF facts giving rise to instant writ petition are that petitioner was elected as Pradhan of village Ahmadnagar, Jaitwara, post and B?ock Kundarki, District Moradabad. Complaints were made in respectof functioning of the petitioneras Pradhan. Preliminary enquiry was made and thereafter show cause notice was issued by the District Magistrale based on the report dated 29. 11. 2007. Peti tioner filed reply to the said show cause notice and claimed to have demanded documents. Civil Misc. Writ Petition No. 626 of 2008 was filed by petitioner, wherein an interim order was passed in favour of petitioner on 8. 1. 2008. However, on going formal enquiry against petitioner was directed to be concluded expeditiously, without being influenced by the obsenations made in the said order. On 11. 1. 2008 an order was passed suspending financial as well as adminislrative powers of petitioner. Against said order, Civil Misc. Writ Petition No. 4624 of 2008 was filed, wherein an interim order was passed by this Court on 25. 1. 2008, men-tioning there in that effect and operation of order dated 11. 1. 2008 would remain stayed. However, formal enquiry was directed to be concluded expeditiously. Charge sheetwas issued to petitioner on 10. 3. 2008 to which reply was submitted by petitioner on 29. 3. 2008. On 3. 4. 2008, petitioner requesled for opportunily of hearing. Thereafter order impugned has been passed at this juncture presentwrit petition has been filed.

(3.) WITH the consenl of the parties, presenl writ petition is being heard and decided, as the respondents have chosen not to file counler affidavit, rather have requesled for deciding the matter on the basis of the impugned order as well as pleadings available on record.