B.AMIT STHALEKAR,J. - (1.) Heard Shri Bhawesh Pratap Singh, learned counsel for the petitioner and the learned standing counsel for the respondents.
(2.) The petitioner in the writ petition is seeking quashing of the orders dated 16.1.2018 and 23.1.2018. The petitioner is Gram Pradhan of Gram Panchayat, Akbarpur Seng Vikas Khand Bilhaur District Kanpur Nagar. He was elected as such in the year 2015. During an inspection by the Divisional Inspection Team of Swachh Bharat Mission (Rural) it was found that for construction of 503 public toilets a sum of Rs. 60,36,000/- was sanctioned out of which construction of 71 toilets have not even started and so far as the remaining 432 toilets are concerned, they were still incomplete and some of these toilets did not have the junction chamber, some did not have roof, 14 toilets did not have any door etc. On this report the District Magistrate issued a notice to the petitioner to which the petitioner did not submit any reply and thereafter the impugned order has been passed on 16.1.2018 withholding the financial and administrative powers of the petitioner as Gram Pradhan and by another order dated 23.1.2018 an enquiry committee of three members has been constituted under section 95(1)(g) of the U.P. Panchayat Raj Act, 1947.
(3.) The submission of the learned counsel for the petitioner is that the impugned orders could not have been passed without: (i) appointment of an enquiry officer; (ii) holding of a preliminary enquiry; and (iii) subject to the satisfaction of the State Government after the submission of the preliminary enquiry report, a final enquiry could be ordered.;