HARI PRASAD DWIVEDI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard.

(2.) Challenge herein is to an order dated 21.07.2011 passed by the District Panchayat Raj Officer, Gonda whereby out of the total alleged loss of Rs.1,39,566.50/- an amount of Rs.69,783.25 i.e. half of the loss was sought to be made good/recovered from the petitioner i.e Gram Pradhan and the remaining loss was sought to be recovered from the Gram Panchayat Adhikari/Secretary.

(3.) The contention of the learned counsel for the petitioner is that a show cause notice under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as 'the Act, 1947') was issued to which the petitioner submitted his reply but surprisingly enough, no final order was passed. Section 95(1)(g) does not permit any recovery but it can only lead to removal of the Pradhan after due inquiry instead the impugned order was passed for recovery of the amount as already mentioned therein without mentioning as to under which provision this order has been passed. Furthermore, he invites the attention of the Court to the inquiry report of the Technical Assistance Committee which shows that no specific finding is there with regard to the involvement of the petitioner directly in the loss caused to the public fund and only general observations have been made.