NANHI DEVI Vs. STATE OF U.P

JUDGEMENT

(1.) Heard learned counsel for the petitioner and Sri Rajeev Kumar Shukla, learned Standing Counsel appearing for the State-authorities. Sri Pankaj Kumar Gupta, learned counsel for the complainant is present.

(2.) Present petition has been filed with following prayers:-

(3.) By the impugned order, the petitioner has been suspended from the post of Gram Pradhan of Village Mundia Raja, Block Vikas Khand Bilari, District Moradabad by the District Magistrate, Moradabad on the ground that an enquiry was conducted by a Committee of three members constituted for this purpose and she was found guilty. One of the charge against the petitioner was that she had taken away the old bricks of 'kharanja' in the village which were replaced, for her own use in her residence. This fact that she has taken away the old bricks was admitted by her in her reply. However, the explanation for taking away the bricks was that it is only for the security of the old bricks she has taken away the old bricks and they are still with her and she has not misused the same and she is willing to compensate the same in terms of money. The petitioner was found guilty and was suspended pending final enquiry as per the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as the Enquiry Rules, 1997).