Arun Tandon, J. - (1.) Heard Sri Sanjay Singh, learned counsel for the petitioner and Learned Standing Counsel for the State-respondents.
(2.) The petitioner, Smt. Khalida Begum has admittedly worked as Pradhan of the Gram Panchayat Sarkada Khas, Block Mundha Pandey, Tehsil and District Moradabad between 1995 to 2000. In respect of the said period of working of the petitioner as Pradhan, proceedings under Rule 256 of the Surcharge Rules framed under Panchayat Raj Act, 1947 were initiated. The petitioner was issued a show-cause notice. After reply to the show-cause notice was filed by the petitioner, the District Magistrate, Moradabad passed an order dated 30th September, 2003 imposing surcharge of Rs. 1, 51, 057/- upon the petitioner. Feeling aggrieved by the aforesaid order of the District Magistrate, the petitioner preferred an appeal before the Commissioner, Moradabad Division, Moradabad under Rule 258 of the Surcharge Rules, which was numbered as 4 of 2003-04. The appeal preferred by the petitioner has been dismissed by the Commissioner by means of the order dated 24th January, 2005. The Commissioner has maintained the order of surcharge passed by the District Magistrate. The aforesaid two orders have been challenged by the petitioner by means of the present writ petition.
(3.) On behalf of the petitioner it is contended as follows: (a) that enquiry officer appointed in the matter was not competent to hold enquiry in view of the fact that the Uttar Pradesh Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules 1997 provides that only the District Panchayat Raj Officer can hold enquiry against the Pradhan, (b) that enquiry report submitted by the enquiry officer referred to incidents, where are alleged to have taken place subsequent to the date on which the report was submitted and therefore, the report was not reliable, (c) that the petitioner has not been debarred from contesting the elections in future by any order under Section 5 (a) of the Panchayat Raj Act, therefore, the petitioner was not in arrears of any dues payable by her as the Gram Panchayat.;