ANITA DEVI Vs. STATE OF U P

JUDGEMENT

(1.) Heard Shri R.N. Singh, Senior Advocate assisted by Shri Nipun Singh for the petitioner. Shri Shri Satish Chaturvedi, AAG assisted by Shri Neeraj Upadhyay, Addl. Chief Standing Counsel appears for the respondents.

(2.) The affidavits have been exchanged. With the consent of parties, we heard the matter.

(3.) This writ petition is directed against the order dated 17.7.2009 passed by the Principal Secretary, Panchayati Raj, Anubhag-2 appointing the District Magistrate, Muzaffar Nagar as enquiry officer under Rule 5 of the U.P. Kshetra Panchayat and Zila Panchayat (Removal of Pramukhs, Up-Pramukhs, Chairman and Vice Chairman) Enquiry Rules, 1997. The State Government has by the same order in exercise of its powers under the proviso to Section 16 of the U.P. Kshetra Panchayat and Zila Panchayat Adhiniyam directed that until Smt. Anita Devi, Pramukh, Kshetra Panchayat, Shahpur, Muzaffarnagar-the petitioner is exonerated in the final enquiry, she will not exercise the financial and administrative powers attached to the post.