ASHWANI KUMAR MISHRA,J. - (1.) Petitioner is the elected Pradhan of Village Unti, Post Panwari Kalan, Tehsil Lalganj, District Mirzapur, and is aggrieved by an order passed by District Magistrate, Mirzapur, dated 31.3.2020. By this order the administrative and financial powers of petitioner has been seized under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947, and a regular enquiry under Rule 5 of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 has been initiated while constituting a three members committee to look after the financial affairs. This order is primarily assailed on the ground that District Magistrate has not recorded any satisfaction with regard to existence of materials justifying cessation of administrative and financial powers. Reliance is placed upon a Full Bench judgment of this Court in the case of Shamim Vs. State of U.P. and others, (2018) 4 UPLBEC 2573.
(2.) Perusal of the records would go to show that respondent complainant had made certain allegations against the elected Pradhan and after no action was taken in the matter a Writ Petition No.2098 of 2019 was filed, which came to be disposed of vide following orders dated 24.1.2019:- "Heard learned counsel for the petitioner and Sri Alok Sharma, learned Standing Counsel appearing for the State respondents. Present petition has been filed seeking direction to the respondent authorities to conduct inquiry on the complaint of the petitioner against private respondent no. 5. Drawing attention to Annexure-1 to the petition submission of learned counsel for the petitioner is that the earlier complaint was disposed of only on the basis of communication from the Gram Pradhan, which cannot be treated as any kind of inquiry in the complaint submitted by the petitioner. The petitioner is complainant and has filed complaint against elected Gram Pradhan duly supported by his affidavit. In such view of the matter, present petition stands disposed of with a direction to the respondent no. 2-District Magistrate, Mirzapur to decide the complaint of the petitioner preferably within a period of 30 days from the date of production of a certified copy of this order before him provide the complaint is in accordance with rules."
(3.) It is stated that an enquiry was got conducted in which all the charges were found incorrect and the proceedings were dropped. It is thereafter that a fresh preliminary enquiry has been got conducted in which the charges have been found proved on various counts. A show cause notice was issued on 8.1.2020 to which a reply has also been submitted by the petitioner. It is thereafter that the order impugned has been passed which refers to the submission of reply by petitioner on 27.1.2020. The only reason assigned in the order to reject/discard petitioner's reply is that petitioner's defence is without substance and without any evidence. An interference is accordingly drawn that the petitioner has committed financial embezzlement.;