Hon'ble Ashok Bhushan, J. - (1.) HEARD Shri C.B. Yadav, learned Senior Advocate assisted by Shri Amrendra Singh for the petitioner, ShriA.K. Sinha, learned Standing Counsel has appeared for the State respondents and Shri K.R. Sirohi, assisted by Shri Shyam Sunder Mishra for respondent No. 4.
(2.) BY this petition, petitioner has prayed for quashing the order dated 26.5.2010, by which order the petitioner who was Adyaksha, Zila Panchayat, Fatehpur has been removed by the State Government exercising the power under proviso to Section 29, of the Uttar Pradesh (Kshettra Panchayats and Zila Panchayats)Adhiniyam, 1961 (hereinafter called the "Act 1961"). Brief facts necessary for deciding the writ petition are: The petitioner was elected as Adyaksha, Zila Panchayat, Fatehpur on 7.1.2006. A complaint dated 30.11.2006, signed by one Jag Nayak Singh and 6 others supported by an affidavit of Jag Nayak Singh, Member of Zila Panchayat, Fatehpur was submitted to the State Government making serious allegations of financial and other irregularities against the petitioner. In the complaint it was alleged that 350 pumping sets were purchased by making payment of Rs. 74,55,000/- to the suppliers. Complainants alleged that not even 25% pumping sets were distributed to the beneficiaries. Allegation is that lacs of Rupees were embezelled which were paid for the purpose of distribution of pumping set to the members of Scheduled Caste and there were other serious complaints against the petitioner. The State Government issued certain direction to the District Magistrate for holding preliminary enquiry on 11.12.2006. A letter dated 3.3.2008, is said to have been written by the District Magistrate, Fatehpur to the State Government that serious financial irregularities have been committed which requires a thorough enquiry. The District Magistrate, again on 29.1.2009, wrote to the State Government that huge amount of money has been embezzeled by showing fictitious distribution of pumping sets in favour of Scheduled Caste persons living below the poverty line. The District Magistrate submitted a preliminary enquiry report on 17.6.2009, in which prima facie finding was: recorded that Adyaksha of the Zila Panchayat, Fatehpur was found to be guilty for several financial irregularities mentioned in the complaint.
(3.) ON the basis of the'preliminary enquiry report dated 17.6.2009, the State Government passed an order dated 16.7.2009, seizing financial and administrative powers of the petitioner and appointed a 3 member committee to perform the functions of Adyaksha. The State Government decided to hold a final enquiry through Commissioner, Allahabad Division Allahabad. The order passed by the State Government seizing financial and administrative powers of the petitioner was challenged by the petitioner in this Court by filing Writ Petition No. 40990/ 2009, in which writ petition the stay application filed by the petitioner was rejected on 11.8.2009. A charge-sheet dated 19.11.2009, was issued by the Inquiry Officer, Commissioner Allahabad Division Allahabad to the petitioner enumerating 13 charges and the petitioner was asked to submit her reply within 7 days. The petitioner was also asked to submit documentary and oral evidence in support of her defence. The petitioner submitted her reply to the said charge-sheet in December, 2009, praying that she be exonerated of all the charges. Certain documents were also asked to be made available to the petitioner in her reply. The petitioner appeared on 24.12.2009, before the Inquiry Officer for personal hearing on which date she requested that she may be shown the original documents so as enable her to submit the supplementary reply. On 24/12/2009, the Commissioner fixed 2/1/2010, for inspection of the documents and for submission of her supplementary reply within a week. Petitioner appeared on 2/1/2010, and inspected the documents and she was given time till 8/1/2010 to submit her supplementary reply.;