GARIBDAS Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Dr. L.P. Mishra assisted by Mr. Prafulla Tiwari, learned counsel for the petitioner as well as Mr. Amitabh Rai, learned Additional Chief Standing Counsel on behalf of the opposite parties. The relevant records pertaining to the preliminary enquiry conducted by the Committee headed by District Magistrate, Siddharth Nagar as well as the records from the State Government have been placed before us and have been perused.

(2.) The writ petition has been filed challenging the order no.924/33-2-2019-100 (3)/18 dated 8.3.2019, whereby the financial and administrative powers of petitioner in the capacity of Chairman, Zila Panchayat Siddharth Nagar has been ceased under proviso to Section 29 of the Uttar Pradesh Kshetra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter referred to as the ''Act of 1961') and Commissioner, Basti Division, Basti has been appointed as Enquiry Officer for conducting enquiry against the petitioner under Rule 5 of the Uttar Pradesh Kshetra Panchayats and Zila Panchayats (Removal of Pramukhs, Up-Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 1997 (hereinafter referred to as the ''1997 Rules'). The petitioner has further sought quashing of order no.925/33-2-2019-100/(3)/18 dated 8.3.2019, whereby the interim committee has been appointed for discharging the functions of financial and administrative powers of Zila Panchayat, Siddharth Nagar till the discharge of the petitioner in the pending enquiry under Rule 5 of Rules, 1997.

(3.) A short counter affidavit has been filed on behalf of the opposite parties to which rejoinder affidavit has been filed by the petitioner.