- (1.) Heard learned counsel for the petitioner.
(2.) This is a writ petition by a duly elected Gram Pradhan of Gram Panchayat, Sultanpur Nawapur, Block Palhana, District Azamgarh who has come up assailing the order of the District Magistrate- Azamgarh dated 17th February, 2018 whereby the petitioner has been called upon to deposit a proportioned sum of Rs.4,02,000/- on account of lapses in the construction of toilets in the Gram Panchayat in question.
(3.) Primarily, two grounds have been taken by Sri N.L. Pandey learned counsel for the petitioner, namely that the impugned order has been passed without holding any enquiry or putting the petitioner to notice, and secondly, the computation of the amount is absolutely erroneous and contrary to the available funds and without accounting the construction of the toilets already made. He submits that even if there was any alleged default then it was incumbent upon the Competent Authority to hold an enquiry, inasmuch as, the petitioner is a sitting Gram Pradhan and on the basis of a preliminary enquiry a show cause notice ought to have been given to the petitioner, keeping in view the provisions of the Uttar Pradesh Panchayat Raj 1947 Act Section 27 and Section 95(1g) respectively. For this reliance is placed on one Division Bench judgment of this Court, namely Indu Devi Vs. District Magistrate, Chitrakoot & Others, 2006 2 ADJ 552 and the judgment of a learned Single Judge in the case of Ram Shankar Vs. District Magistrate Basti & Others, 2010 9 ADJ 23.?;