Court No. - 27
Case :- WRIT - C No. - 39711 of 2008
Petitioner :- Ram Asharey Yadav
Respondent :- State Of U.P. Thru' Secy. Panchayat Raj & Others
Petitioner Counsel :- Anurag Pathak,B. Lal
Respondent Counsel :- C.S.C.
Hon'ble Sibghat Ullah Khan,J.
The court often finds that D.Ms. and D.P.R.Os. are not even aware of the
distinction between final inquiry for removal of Pradhan under Section 95(1)
(g) of U.P. Panchayat Raj Act and proviso to the said clause which deals with
cessation of administrative and financial powers of pradhan which is in the
nature of suspension order. The proviso is quoted below:
“Provided that where, in an enquiry held by such person and in such manner as may be
prescribed, a Pradhan or is prima facie found to have committed financial and other
irregularities such Pradhan or shall cease to exercise and perform the financial and
administrative powers and functions, which shall, until he is exonerated of the charges in
the final enquiry, be exercised and performed by a Committee consisting of three members
of Gram Panchayat appointed by the State Government”.
The cessation/suspension is of temporary nature. It is an interim arrangement
for the period till the conclusion of the final inquiry. However in most of the
cases it is treated to be final order by the D.Ms. and D.P.R.Os. and after
passing the cessation/suspension order no further steps towards initiation or
conclusion of the final inquiry are taken. Similar is the position in the instant
case. Order under Section 95(1)(g) of U.P. Panchayat Raj Act was passed on
11.04.2008 which has been challenged through this writ petition. Counter
affidavit has been filed by D.P.R.O. Sant Ravidas Nagar which was sworn on
07.11.2008. In the said counter affidavit nothing has been stated regarding
final inquiry. Learned standing counsel is required to enquire from the D.M.
as well as the D.P.R.O. concerned firstly whether any steps have been taken in
respect of final inquiry or not and secondly whether they are aware about the
requirement of final inquiry or not. If satisfactory reply is not given Court
may be compelled to summon these two officers in person.
Put up on 08.01.2010.
Office is directed to supply a copy of this order free of cost to Sri Vivek
Shandil learned standing counsel by tomorrow. Learned standing counsel is
directed to send the copy of this order to the Principal Secretary Panchayat
Raj also.
Order Date :- 5.1.2010
vkg