ANJALI DEVI (PRADHAN) Vs. STATE OF U P

JUDGEMENT

(1.) The petitioner is the elected Pradhan of Gram Panchayat Mahadev Shivpur, District Balrampur. On 18.6.2018, the District Panchayat Raj Officer, Balrampur issued a notice to the petitioner and to Sri Durgesh Chaudhary, Secretary, Gram Panchayat requiring them to furnish to the former the information sought for in the said notice within the time mentioned therein or else, it was stated, it would be presumed that the noticees were guilty of embezzlement. The Assistant Development Officer (Panchayat), Gaisari, Balrampur was directed to serve a copy of the said notice upon the noticees. The relevant portion of the said notice is extracted below: -

(2.) According to the petitioner, she submitted her reply along with the relevant documents in the office of the Assistant Development Officer (Panchayat), Gaisari, Balrampur on 25.6.2018, denying the charges levelled against her. The Assistant Development Officer, it is alleged, forwarded the reply of the petitioner to the District Panchayat Raj Officer along with his covering letter dated 26.6.2018 and the same was received in the office of the latter on 27.6.2018.

(3.) On 2.7.2018, the District Magistrate, Balrampur passed an order under the proviso to Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 (for short 'the Act') whereby and whereunder the financial and administrative powers of the petitioner were ceased. The portion of the order dated 2.7.2018 to which the attention of this Court was drawn by the counsel for the petitioner is extracted below: -