Court No. - 38 Case :- WRIT - A No. - 5904 of 2010 Petitioner :- Haribhanu Singh Respondent :- State Of U.P. & Others Petitioner Counsel :- R.K. Singh Rajpoot Respondent Counsel :- C.S.C.,D.D. Chauhan Hon'ble Amreshwar Pratap Sahi,J.
The petitioner has come up before this Court questioning the
termination order passed by the Chief Development Officer dated
22.12.2009 on the ground that he has no jurisdiction to do so and the
termination order could not have taken placed by 2/3rd majority by the
Gaon Sabha. Secondly the transfer order has been passed in violation
of principles of natural justice. It is contended that the impugned order is
liable to be set aside and the petitioner deserves to be continued as
Panchayat Mitra.
Learned standing counsel contends that an inquiry was conducted and it
was found that there were serious financial irregularities with regard to
the fake payments under the Narega Scheme. The petitioner was held
responsible for the same, as such the impugned order does not require
any interference.
Having heard learned counsel for the parties and having perused the
impugned order it is evident that the principles of natural justice has
been violated and there is no denial that the petitioner was neither given
any reasonable opportunity prior to the passing of the order nor he was
given opportunity to rebut the report dated 18.7.2009.
Accordingly, the writ petition is allowed on this short ground alone. The
impugned order dated 22.12.2009 is set aside. The Chief Development
Order while proceeding to pass order shall also take notice of the
submissions raised before this Court that the termination order can be
passed only by a 2/3 majority of the Gram Sabha.
The writ petition is allowed. No order as to costs.
Order Date :- 4.2.2010
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