- (1.) Kishwari Begum is before this Court assailing the validity of order dated 27.01.2017 passed by State Government whereby the financial and administrative powers of petitioner as Chairman, Nagar Panchayat, Fatehganj Purvi, District Bareilly has been ceased along with show cause notice in question.
(2.) Brief background of the case is that petitioner is a duly elected Chairman, Nagar Panchayat, Fatehganj Purvi, District Bareilly and as against petitioner, large scale complaint has been made and inquiry in question was got conducted through City Magistrate, Rampur and report was submitted to District Magistrate, Bareilly on 27.06.2016. The District Magistrate, Bareilly transmitted the same to the State Government on 25.07.2016 and the State Government, in its turn, on 25.07.2016 called for a reply from the petitioner. Petitioner has submitted a detailed and elaborate reply on 22.08.2016 denying each and every allegation. It appears that after the report was submitted, the State Government once again called for the report from the District Magistrate, Bareilly and the District Magistrate, Bareilly, in his turn, submitted his report dated 28.11.2016. After receiving the said report in question, the State Government has proceeded to make a mention that on the basis of adverse facts that have emerged, there are reasons to form an opinion that petitioner has failed to discharge her duties as a Chairman and not only this, she has committed material irregularities and misused her official position and as such, she is unfit to continue as Chairman and accordingly she is charge-sheeted and in view of the same, notices were issued to petitioner under Section 48(2) (a)(b) for showing cause as to why she should not be superseded and during the said interregnum period her administrative and financial powers have been ceased.
(3.) Shri Prabhakar Awasthi, Advocate appearing for the petitioner submitted with vehemence before this Court that in the present case, the reply to the notice submitted by petitioner has not at all been adverted to or considered and on mere surmises and conjectures, mention has been made that there are adverse material available against the petitioner and inquiry is required and accordingly notice has been issued mentioning therein that financial and administrative powers have been misused by the petitioner and that too without taking into account the reply so submitted by petitioner and without providing opportunity of hearing to the petitioner.;