Ran Vijai Singh, J. - (1.) Heard Sri Adya Prasad Tewari, learned counsel for the petitioner, learned Standing Counsel appearing for the State-respondents and Sri Ramendra Asthana, along with Sri Tripathi B.G. Bhai, learned counsel for the caveator/complainant.
(2.) Through this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the order dated 12.8.2016 passed by the District Magistrate, Sant Kabir Nagar, by which the petitioner's financial power has been ceased and simultaneously, the direction has been issued to the Sub Divisional Officer/Tehsildar, Mehdawal, District Sant Kabir Nagar to recover an amount of Rs. 55,449/- and deposit the same in the nodal A/c No. 4101000100047352 of Mahatma Gandhi National Rural Employment Guarantee Act (in short, MANREGA'), in Punjab National Bank, Khalilabad under section 27 of the U.P. Panchayat Raj Act, 1947 (in short, 'the Act').
(3.) The impugned order has been challenged on the following grounds: (1) the preliminary inquiry was not conducted as per Rule 2 of the U.P. Panchayat Raj (Removal of Pradhans, UpPradhans and Members) Enquiry Rules, 1997 (in short, 'the Rules of 1997'); and (2) assuming, for the sake of argument, the preliminary inquiry was conducted by the competent officer, even then, on the basis of the prima facie satisfaction, no order could be passed for realisation of an amount of Rs. 55,449/- as a surcharge, as for realising an amount as a surcharge, there is a separate rule under the U.P. Panchayat Raj Rules, 1947 (in short, 'the Rules of 1947'). The relevant rules in this regard happen to be Rules 256 to 259 of the Rules of 1947.;