D.S. Sinha, J. - (1.) Heard Shri H. N. Shukla, learned counsel for the petitioner, Shri K.S. Chauhan learned special counsel representing the respondents No. 1, 2 and 3, and Shri R. K. Srivastava, learned counsel appearing for the respondent No. 4.
(2.) The Sub-Divisional Officer Chail, district Allahabad, the respondent No. 2 a delegatee of powers of the State Government under Section 95 (l)(g) of the U.P. Panchayat Raj Act, 1947, hereinafter called the Act, received a complaint from the local residents of the Gaon Sabha Chawra, Development Block Chail, Allahabad against the petitioner, the Pradhan, regarding alleged buagling in installation of Hand Pumps. Upon receipt of the aforesaid complaint, the respondent No. 2 got a preliminary enquiry made through District Panchayat Raj Officer who issued a show cause notice to the petitioner on 8th July, 1992. The petitioner submitted his explant on in response to the show cause notice. After considering the complaint, report of the District Panchayat Raj Officer and the explanation of the petitioner, the respondent No. 2, prima facie, felt satisfied that the ground far taking action under Section 95 (1)(g) of the Act exists. He, therefore, exercising powers under Section 95,(1)(gg) of the Act, passed an order dated 5th August., 1992 suspending the petitioner and appointing the Tahsildar, Chail as enquiry officer with the direction to issue charge-sheet, and hold enquiry after giving requisite opportunity to the petitioner.
(3.) Aggrieved by the order of suspension, the petitioner preferred a revision before the Commissioner, Allahabad Division, Allahabad, the respondent No. 1, who has, by means of his order dated 3rd August, 1993, dismissed the revision of the petitioner on the finding that in passing the order of suspension the respondent No. 2 did not commit any illegality,;