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Jiut Prasad v. State Of U.P. And Others - WRIT - C No. 33952 of 2007  RD-AH 13003 (27 July 2007)
Hon'ble Arun Tandon, J.
Standing Counsel accepts notice on behalf of respondents no. 1 to 4.Shri B.N.Singh has accepted notice on behalf of respondents no. 5, 6 and 7. Counsel for the parties agree that the writ petition may be finally disposed at this stage without calling for a counter affidavit specifically in view of the order proposed to be passed today.
Petitioner is the elected Pradhan of the Gram Panchayat. His financial and administrative powers have been ceased under order of the District Magistrate dated 07.07.2007. The order is being challenged on two grounds :
(a) Preliminary enquiry which is the basis for the show cause notice issued by the District Magistrate in fact has been conducted by ADO ISB who is not a District Level Officer and, therefore, the enquiry is in contravention of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry (First Amendment) Rules, 2001.
(b) Even otherwise, it has been contended that the charge which has been leveled against the petitioner are too trivial in nature.
I have heard counsel for the parties and have gone through the records of the case.
In the opinion of the Court since regular enquiry into the charges has been directed and such enquiry is to be conducted by the District Economic and Stastic Officer, Kushinagar, it is desirable in the facts of the present case that the final enquiry must be completed at the earliest possible preferably within six weeks from the date a certified copy of this order is filed before the District Magistrate. The petitioner shall co-operate in the enquiry and shall not seek any uncalled for adjournment.
In the totality of the circumstances on record and without expressing any opinion on the merits of the charges, this Court feels it proper to direct that till final orders are passed, the order ceasing the administrative and financial powers of the Pradhan shall remain in abeyance.
Writ petition stands disposed of.
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