SUNIL AMBWANI, J. - (1.) HEARD Shri B. D. Mandhyan, senior advocate assisted by Shri M. N. Singh for the petitioner and learned standing counsel for the State respondents.
(2.) BY means of this writ petition, the petitioner has challenged an order dated 13,11.2007, passed by the District Magistrate, Sant Ravidas Nagar, by which he has ceased petitioner's administrative and financial powers as the elected Pradhan of Gram Panchayat, Baraila, Block Bhadohi, district Sant Ravidas Nagar, under Section 95 (1) (g) of U. P. Panchayat Raj Act, 1947 and has directed the Block Development Officer, Bhadohi to appoint a 'three-member committee', to exercise such powers until the formal enquiry under the U. P. Panchayat Raj (Removal of Pradhans, Up Pradhans and Members) Enquiry Rules, 1997 (in short, Rules of 1997) is concluded. Before making the order, the District Magistrate appointed the District Basic Education Officer, Sant Ravidas Nagar, to enquire into the complaint against the petitioner and to submit his preliminary enquiry report. The District Basic Education Officer, in his report dated 30.8.2007, reported that the Pradhan is not serving with 'mid day meal' to the school children under the 'Mid-Day Meal Scheme' in primary school Baraila w.e.f. 15.12.2006. On an inspection the children informed the enquiry officer on 10.8.2007, that the 'mid-day meal' was not cooked and served to them. The Pradhan has received the foodgrains for cooking the meal regularly, from the fair price shop keeper.
(3.) SHRI B. D. Mandhyan contends that under Rule 4 the enquiry officer could be either the District Panchayat Raj Officer or any other 'district level officer'. The preliminary enquiry could only be conducted by a 'district level officer'. The District Basic Education Officer is a district level officer. He however did not conduct the enquiry himself. Instead he directed the Assistant Basic Education Officer, to visit the primary school Baraila, Vikas Khand Bhadohi on 10.8.2007, and to make a report. He submits that the allegations against the petitioner were not substantiated, as 'mid day meal' was cooked and served every day when the school was opened in the months of July, 2007 to November, 2007 and has annexed the register certified by the Headmaster of the school to prove the service of 'mid day meal' to the children.;