Court No. - 6
Case :- WRIT - C No. - 29651 of 2019 Petitioner :- Mahesh Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- A.C.Tiwari(Ac) Counsel for Respondent :- C.S.C.,Dharmendra Kumar Pandey,Manoj Kumar Singh
Hon'ble Yashwant Varma,J.
Heard learned counsel for the petitioner and Sri Piyush Shukla, the learned Standing Counsel for the State-respondents.
This petition impugns the order dated 6 September 2019 pursuant to which the financial and administration powers of the petitioner, the elected Gram Pradhan, has been ceased. As is evident from a reading of the order impugned, a show cause notice is stated to have been issued to the petitioner on 12 July 2019 and again on 18 July 2019. By these two notices, the petitioner was required to submit a response within one week. The impugned order records that although the response was received on 21 August 2019, the same was not found satisfactory. It is manifest that the impugned order is devoid of reasons and fails to deal with the explanation proffered by the petitioner.
Learned Standing Counsel fairly concedes to the aforesaid position and therefore submits that the impugned order may be set aside leaving it open to the District Magistrate to pass fresh orders in accordance with law.
Accordingly and with the consent of parties, this writ petition is allowed. The impugned order dated 6 September 2019, is hereby quashed. It is, however, left open to the District Magistrate, if so chosen and advised, to initiate proceedings afresh from the stage of the show cause notice.
Order Date :- 26.9.2019 Arun K. Singh (Yashwant Varma, J.)