Siddhartha Varma, J. - (1.) The petitioner is an elected Pradhan of Gram Panchayat Sonakpur Dehat, Vikas Khand, Moradabad, District - Moradabad. On 30.1.2018, a report was submitted by S.D.M. Sadar by which it was, prima facie, found that the petitioner was guilty of allegations made against him in various complaints which were placed before the officials of the State. When it was, prima facie, found that the petitioner was guilty of the alleged complaints which were made against him, then a show cause notice was issued to him on 26.2.2018. To this notice the petitioner had submitted his reply and an enquiry was undertaken by the Additional District Magistrate (E) who was appointed the Enquiry Officer. He submitted his report on 11.4.2018. Consequentially, an order of removal was passed by the District Magistrate 19.4.2018, which was challenged in writ petition being Writ - C No. 17011 of 2018. This writ petition was allowed on 30.5.2018 and the order dated 19.4.2018 was set aside and the District Magistrate was required to embark upon an enquiry afresh in the manner it was contemplated under Rules 5 & 6 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997, (hereinafter called as 'the 1997 Rules').
(2.) The District Magistrate once again appointed the ADM (F & R) on 14.6.2018 an Enquiry Officer, who by means of a communication dated on 20.6.2018, communicated to the petitioner the charges which he was required to meet. The relevant portion of the communication dated 20.6.2018 which contained the charges against the petitioner is being reproduced here as under:-
(3.) Thereafter the petitioner submitted his reply on the date fixed i.e. on 27.6.2018. A report on the basis of the enquiry was submitted by the Enquiry Officer on 1.10.2018 before the District Magistrate. A show cause notice with regard to the quantum of punishment was issued to the petitioner on 4.10.2018 on the basis of the enquiry as was conducted by the Enquiry Officer. Ultimately, the petitioner again replied on 17.10.2018. Thereafter, the final order of removal under Section 95 (1)(g) of the Panchayat Raj Act was passed on 22.11.2018. Aggrieved thereof, the petitioner filed the instant writ petition.;