- (1.) PRADEEP Kant, J. It is for the second time, the petitioner being aggrieved by the order of cessation of powers, both administrative and financial as Zila Panchayat Adhyaksha, has approached this Court. Previously, an order was passed on the same charges ceasing the administrative and financial powers vide order dated 14. 2. 08, which became the subject matter of challenge in Writ Petition No. 1609 (MB) of 2008 and which order was quashed by this Court on 1. 4. 08. The writ petition was thus, allowed. Liberty was, however, given to the State for holding a fresh enquiry, if it so desires. In response to the liberty given by the Court, the present order has been passed.
(2.) INITIALLY, the petitioner approached this Court by filing Writ Petition No. 873 (MB) of 2008 with the plea that some enquiry had already been conducted and, therefore, fresh enquiry cannot be conducted under Rule 4 (1) of the Rules of 1997 but that writ petition was dismissed on the instructions received by the State counsel that no finding has been passed against or in favour of the petitioner nor any enquiry has been conducted against her. The Court, while dismissing the writ petition, gave liberty to the petitioner to approach this Court, in case any order is passed or action is taken against him. This order was passed on 14. 2. 08. Later on, preliminary enquiry was conducted and the administrative and financial powers were ceased, which order was challenged in Writ Petition No. 1609 (MB) of 2008, which was allowed on 1. 4. 08, quashing the order dated 14. 2. 08. Two Special Leave Petitions were filed against the judgement and order passed by this Court in Writ Petition No. 1609 (MB) of 2008. The first one was dismissed on 15. 5. 08. This SLP was filed by one of the members of the Committee, constituted by the State Government, who was a complainant also. The State Government took second opportunity of filing SLP against the order dated 1. 4. 08, which SLP was again dismissed on 25. 8. 08. Soon thereafter, on 29. 8. 08 the impugned order has been passed ceasing the administrative and financial powers of Adhyaksha, namely, that of the petitioner.
(3.) HERE it may be pertinent to mention that the first order of cessation of administrative and financial powers dated 14. 2. 08 was quashed on two grounds, namely, no opportunity was afforded to the petitioner in the preliminary enquiry to put forward her defence nor was she associated with the enquiry in any manner, and that the charges, as they were framed, could not be said to have been proved nor were such, so as to constitute any misconduct or financial irregularity, making the petitioner liable for removal. The power to remove an Adhyaksha of the Zila Panchayat has been conferred upon the State Government under Section 29 of the Kshettra Panchayat and Zila Panchayat Adhiniyam, which reads as under: "29 (1 ). If in the opinion of the State Government the Adhyaksha or the Up-Adhyaksha while acting in place of Adhyaksha wilfully omits or refuses to perform his duties or functions under this Act or abuses the powers vested in him or is found to be guilty of misconduct in the discharge of his duties, [or because physically or mentally incapacitated for perming his duties] the State Government, after giving the Adhyaksha or Up-Adhyaksha, as the case may be, a reasonable opportunity for explanation may by order removed him from office and [such order shall be final and not open to be questioned in a Court of law]: Provided that where in an enquiry held by such person and in such manner as may be prescribed, an Adhyaksha or Upadhyaksha is prima facie found to have committed financial and other irregularities such Adhyaksha or Upadhyaksha shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a committee consisting of three elected members of the Zila Panchayat appointed in this behalf by the State Government. (2) (Omitted by U. P. Act No. 9 of 1994) (3) An Adhyaksha or Up-Adhyaksha, removed from his office under this section, shall not be eligible for elections as Adhyaksha or Up-Adhyaksha for a period of three years from the date of his removal. ";