High Court of Judicature at Allahabad
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Smt. Meena Devi v. D.M. And Another - WRIT - C No. - 42772 of 2007  RD-AH 15264 (10 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Hon'ble Ashok Bhushan, J.
Supplementary affidavit filed today is taken on record.
Learned counsel for the petitioner contends that the District Magistrate by the impugned order dated 6.8.2007 has seized the financial and administrative powers of the petitioner under the proviso of Section 95 (1)(g) of the U.P. Panchayat Raj Act, 1947. The order has been passed on the basis of preliminary enquiry report dated 18.12.2006, copy of which has been filed as Annexure-2 to the writ petition. A show cause notice has been brought on record by the petitioner dated 3.6.2007 which refers to the said enquiry report dated 18.12.2006. The show cause notice shows that the enquiry report found prima facie charges proved against the petitioner hence he may show cause. Learned counsel for the petitioner contends that in the enquiry report the petitioner has not been indicted as the allegation has been made only against the Bhawan Prabhari and the Head Master of the Institution. From the enquiry report it is clear that there is no indictment of the petitioner nor any charge, primia facie, has been levelled against the petitioner. The financial and administrative powers can be ceased on the basis of a preliminary enquiry report which finds, prima facie, guilt of the Pradhan. The petitioner has made out a prima facie case for grant of interim relief.
Let a counter affidavit be filed within four weeks. Rejoinder affidavit may be filed within one week thereafter. List thereafter.
Till the next date of listing the operation of the impugned order dated 13.8.2007 shall remain stayed.
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