Court No. - 30
Case :- WRIT - C No. - 1668 of 2019 Petitioner :- Rajendra Sharma Respondent :- State Of U P And 3 Others Counsel for Petitioner :- Devesh Kumar Shukla Counsel for Respondent :- C.S.C.,Kamlendra Singh Jadaun Hon'ble Vivek Kumar Birla,J.
Heard learned counsel for the petitioner and the learned Standing Counsel appearing for the State respondents.
Sri Kamlendra Singh Jadaun, learned counsel for the caveator is present.
Present petition has been filed for quashing the order dated 4.1.2019 passed by the District Magistrate, Aligarh.
In exercise of powers under Section 95(1)g of the U.P. Panchayat Raj Act, 1947 the financial and administrative powers of the petitioner have been ceased and three member committee has been constituted for conducting final inquiry.
Submission of learned counsel for the petitioner is that a bare glance of the impugned order clearly indicates that the same suffers from non application of mind and while passing the impugned order only one line observation has been made to the effect that the explanation submitted by the petitioner is baseless and is not acceptable. He further submits that a detailed reply has been submitted by the petitioner, which has only been quoted in the impugned order but the same has not been considered on merits.
Per contra, learned Standing Counsel defended the impugned order by submitting that the reply of the petitioner was duly considered and no interference is warranted in the present case.
I have considered the rival submissions and have perused the record.
On perusal of record I find that although there is no defect in conducting the inquiry as the same was conducted by Zila Panchayat Raj Adhikari and the petitioner was issued a show cause notice to which he has submitted his reply, however, I find that the entire reply has been quoted in the impugned order but only one line observation has been made that the same is baseless. This clearly indicates that the reply of the petitioner has not been considered by the District Magistrate while passing the impugned order ceasing the financial and administrative power of the petitioner, who is an elected Pradhan, by applying his own mind.
In such view of the matter, no fruitful purpose would be served by keeping this petition pending or calling for any counter affidavit.
The impugned order dated 4.1.2019 is not sustainable in the eye of law and is hereby quashed. Matter is remanded back to the District Magistrate, Aligarh, who shall pass fresh orders preferably within 15 days from the date of production of a certified copy of this order before him after applying his own mind.
With the aforesaid observations, present petition stands allowed.
Order Date :- 22.1.2019 Lalit Shukla