SHIVCHARAN SINGH Vs. STATE OF U P

JUDGEMENT

(1.) THE petitioner is the elected Pradhan of Gram Panchayat Bundra Kalan, Vikas Khand Jalilpur, district Bijnor. By means of the notice dated 11th October, 2007 issued by the District Magistrate, Bijnor, the petitioner was required to show cause with regard to the construction of additional class room made between 24.3.2006 to 31.7.2006 in which lintel of the said class room had cracked and the said lintel had been got dismantled by the petitioner without getting the same reconstructed. By the said notice, the petitioner was required to submit his reply, which was given by the petitioner on 31.10.2007, wherein it was stated that the defect in the construction was because of the mason who had constructed the room and on noticing the same, the petitioner had got it demolished and a fresh class room has already been constructed in which proper lintel is there and after having it plastered the same has also been white-washed. THEreafter, by means of the impugned order dated 11.4.2008, passed by the District Magistrate, the financial and administrative powers of the petitioner have been ceased. Aggrieved by the said order, this writ petition has been filed.

(2.) I have heard Sri K.R. Sirohi, learned Senior Counsel alongwith Sri Girish Kumar Yadav, learned Counsel appearing for the petitioner as well as learned Standing Counsel appearing for the respondents and have perused the record. Pleadings have been exchanged and with consent of the learned Counsel for the parties, this writ petition is being disposed of at this stage.

(3.) SUCH submission of the petitioner has force. It would have been a different case had the District Magistrate recorded any finding with regard to any deficiency in the reconstruction of the additional class room and that too after considering the specific reply of the petitioner that the class room had been reconstructed with a fresh lintel and the work had been carried out fully. No such finding has been recorded nor the reply with regard to the same dealt with. Withdrawal of financial and administrative powers of an elected Gram Pradhan is a very serious matter. SUCH action leads to grave consequences. The same cannot be treated in a casual manner as has been done in the present case. In case if such an action is to be taken by the administrative authorities, the same should be done so in a proper manner, after following the procedure prescribed.