ASHOK BHUSHAN, J. - (1.) HEARD Sri P.N. Saxena, learned Senior Advocate, assisted by Sri A.K. Sachan, Sri Ravi Kiran Jain, Senior Advocate, assisted by Sri L.M. Singh for respondent No. 5 and learned Standing Counsel.
(2.) BY this writ petition, the petitioner has prayed for quashing the order dated 16.8.2004 passed by District Magistrate, Kanpur Nagar by which the District Magistrate has ceased the financial and administrative powers of the petitioner under Proviso to Section 95(1) (g) of U.P. Panchayat Raj Act, 1947 and appointed three members Committee. Brief facts, which emerge from pleading of the parties, are; a complaint was filed against the petitioner by several members of the Gaon Sabha on which the Commissioner of the Division passed an order to the Deputy Director (Panchayat) to conduct an enquiry. The Deputy Director (Panchayat) conducted an enquiry and submitted report dated 20.2.2004 to the Commissioner. The District Magistrate, Kanpur Nagar on the basis of the enquiry report dated 20.2.2004 submitted by Deputy Director (Panchayat) issued a show cause notice to the petitioner asking him to show cause as to why action under Section 95(1)(g) Proviso be not taken against the petitioner. The petitioner submitted reply to the said show cause notice. The District Magistrate after considering the reply of the petitioner passed order dated 16.8.2004. The District Magistrate observed on the basis of the material brought before him, he is satisfied that petitioner has been found prima -facie guilty of irregularities, hence his financial and administrative powers are liable to be ceased.
(3.) SRI P.N. Saxena, learned Senior Advocate, appearing for the petitioner, contended that enquiry report dated 20.2.2004 was not an enquiry report as contemplated in accordance with the provisions of U.P. Panchayat Raj (Removal of Pradhan, Up -Pradhan and Members) Enquiry Rules, 1997 and on the said basis the District Magistrate has no jurisdiction to pass an order ceasing the financial and administrative powers. Sri Saxena contended that neither the District Magistrate nominated the Deputy Director (Panchayat) to conduct the enquiry nor Deputy Director (Panchayat) can be Enquiry Officer under Section 2(c) of U.P. Panchayat Raj (Removal of Pradhan, Up -Pradhan and Members) Enquiry Rules, 1997. Sri Saxena further contended that there was no allegation of financial irregularity against the petitioner, hence financial and administrative powers of the petitioner could not have been ceased.;