TILAK SINGH Vs. STATE OF U.P.

JUDGEMENT

(1.) The present writ petition was initially filed challenging the order dated 5.5.2018 passed by the District Magistrate/Collector, Aligarh whereby a three member committee was appointed to exercise the financial and administrative powers of the petitioner who is the elected Gram Pradhan of the Village.

(2.) The order dated 5.5.2018 was passed as a consequence of the order dated 24.3.2018 previously passed by the District Magistrate, Aligarh ceasing the financial and administrative power of the petitioner. The said order was not challenged in the writ petition and therefore, an amendment application has been filed by the petitioner challenging the order dated 24.3.2018 passed by the District Magistrate, Aligarh whereby the financial and administrative powers of the petitioner were ceased by the District Magistrate in exercise of his power under Sec. 95(1)(g) of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as, Act, 1947) I proviso read with Rule 5 of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as, 'Rules, 1997').

(3.) The argument of the counsel for the petitioner is that the order dated 24.3.2018 was passed by the District Magistrate relying on an inquiry report submitted by the Project Director who was appointed as an Inquiry Officer by the order of the District Magistrate and the said order was passed without verifying whether the complaint submitted by the complainant against the petitioner were in accordance with Rule 3 of 1997 Rules. It was argued that Rule 2(c) of Rules, 1997 defines 'Enquiry Officer' to mean the 'District Panchayat Raj Officer' and thus only the 'District Panchayat Raj Officer' can hold a preliminary inquiry under Rule 4 of Rules, 1997. It has been further argued by the counsel for the petitioner that the reply submitted by the petitioner to the show cause notice issued to him after the submission of the report of the preliminary inquiry, has also not been considered by the District Magistrate.