Pankaj Bhatia - (1.) The present petition has been filed for quashing the order dated 27.8.2018 passed by the District Magistrate, Jaunpur whereby financial and administrative powers of the petitioner has been seized, pending final enquiry.
(2.) The facts, in brief, are that the petitioner is a duly elected Pradhan of Gram Panchayat, Raipurkala, Vikas Khand, Sujanganj District Jaunpur in the general Panchayati election held on 22.10.2010. Subsequently, after the expiry of the first term, the petitioner was re-elected as Pradhan in the month of December, 2015. During pendency of the term of the petitioner as Pradhan, some complaints were filed alleging certain mis-conducts against the petitioner. The said complaints were enquired into and an enquiry report dated 18.4.2018 was filed by the District Cane Officer, Jaunpur and Assistant Engineer, DRDA, Jaunpur. Based upon the said enquiry, an order dated 2.7.2018 was passed by the District Magistrate seizing the financial and administrative powers of the Pradhan in exercise of powers under Section 95 (1)(g) of the U.P. Panchayat Raj Act, 1947.
(3.) The petitioner has challenged the order dated 2.7.2018 by means of a Writ Petition No.24805 of 2018 which came to be allowed vide an order dated 24.7.2018 whereby this Hon'ble Court was pleased to quash the order dated 2.7.2018 and remanded back the matter to the District Magistrate, Jaunpur to pass fresh orders in accordance with law. After the remand of the matter, the District Magistrate has passed an order dated 27.8.2018 seizing the financial and administrative powers of the petitioner. The said order is impugned in the present writ petition.;