Court No. - 30
Case :- WRIT - C No. - 38415 of 2018 Petitioner :- Mamta And 2 Others Respondent :- State Of U.P. And 6 Others Counsel for Petitioner :- Deena Nath Counsel for Respondent :- C.S.C.,Shitala Sahay Srivastav
Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioners, Sri S.K. Upadhyay, learned Standing Counsel appearing for the State respondents and Sri Shitala Sahay Srivastav, learned counsel appearing for the respondent no. 6.
Present petition has been filed for quashing the order dated 9.10.2018 passed by the District Magistrate, Jaunpur.
The petitioners are members of committee that was constituted after a final inquiry was conducted against the respondent no. 6. After the final inquiry, by the impugned order dated 9.10.2018 the powers of the respondent no. 6 as Pradhan have been restored and a sum of Rs. 9626.50/- has been directed to be recovered from her.
Under such circumstances, the petitioners, who are members of the committee that was formed after the financial and administrative powers of the Pradhan were seized by the District Magistrate under Section 95(1)G of the U.P. Panchayat Raj Act, 1947 have no locus to maintain this petition.
Sri S.K. Upadhay, learned Standing Counsel has placed reliance on judgment of this Court in the case of Brij Lal @ Brij Bahadur vs. State of U.P. and others 2016 (6) ADJ 633 and submitted that present petition is not maintainable.
Admittedly, the petitioner no.1-Smt. Mamta is complainant, who was one of the member of the Committee which was discharging function of Gram Pradhan during the pendency of the final inquiry.
In such view of the matter, present petition is not maintainable and is accordingly dismissed.
Order Date :- 28.11.2018 Lalit Shukla