Court No. - 23
Case :- WRIT - C No. - 21425 of 2018 Petitioner :- Gajanan Singh Respondent :- State Of U.P. And Another Counsel for Petitioner :- Birendra Singh Counsel for Respondent :- C.S.C.,Satish Kumar Mishra
Hon'ble Salil Kumar Rai,J.
The present writ petition has been filed praying for a writ of certiorari quashing the order dated 11.5.2018 passed by respondent no. 2 whereby the respondent no. 2, exercising his powers under Section 95(1)(g) of the Uttar Pradesh Panchayat Raj Act, 1947 (hereinafter referred to as, 'Act, 1947') and Rule 5 of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up- Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as, 'Rules, 1997), has ceased the financial and administrative powers of the petitioner, who is the elected Gram Pradhan and has also instituted a final and formal enquiry to consider the removal of the petitioner as the Gram Pradhan of the village.
The case was previously taken up as a fresh case on 18.6.2018 on which date the Standing Counsel was granted time to file counter affidavit. No counter affidavit has been filed by the Standing Counsel.
In view of the aforesaid, the Court has proceeded to hear the case without any counter affidavit filed on behalf of respondent nos. 1 and 2.
A perusal of the order dated 11.5.2018 passed by the District Magistrate, Kaushambi i.e. respondent no. 2 shows that the aforesaid order has been passed after considering the reply of the petitioner submitted in response to a show cause notice issued to him by respondent no. 2 after a preliminary enquiry conducted by two district level officers. A perusal of the order dated 11.5.2018 also shows that the District Magistrate has recorded his reasons for not accepting the reply of the petitioner to the show cause notice served on him and has also recorded his prima facie satisfaction regarding institution of a formal enquiry under Rule 6 of the Rules, 1997 and for exercising his powers under the first proviso to Section 95(1)(g) of the Act, 1947.
In view of the aforesaid, there is no jurisdictional error and illegality in the order dated 11.5.2018 passed by respondent no. 2.
The writ petition lacks merit and is, hereby, dismissed.
However, it is directed that the District Magistrate shall ensure that final enquiry is conducted within the statutory period prescribed under Rule, 1997.
Order Date :- 30.7.2018 Satyam