VIVEK KUMAR BIRLA,J. - (1.) Heard learned counsel for the petitioner and Sri Rajeev Kumar Shukla, learned Standing Counsel appearing for the State-authorities. Sri Pankaj Kumar Gupta, learned counsel for the complainant is present.
(2.) Present petition has been filed with following prayers:- "(i) Issue a writ, order or direction in the nature of certiorari for quashing the impugned order dated 23.3.2018 passed by District Magistrate, Moradabad. (ii) Issue a writ, order or directing in the nature of mandamus commanding the respondents to allow this writ petition and to operate the account not to cease the financial and administrative power of the petitioner in pursuance to the impugned order dated 23.3.2018 passed by District Magistrate, Moradabad. (iii) Issue a writ, order or direction in the nature of mandamus directing the respondents not to give effect of the impugned order dated 23.3.2018 passed by District Magistrate, Moradabad. (iv) To pass any other suitable order or direction which this Hon'ble Court may deem fit and proper under the circumstances of the case. (v) To award the cost of the petition from the respondent."
(3.) By the impugned order, the petitioner has been suspended from the post of Gram Pradhan of Village Mundia Raja, Block Vikas Khand Bilari, District Moradabad by the District Magistrate, Moradabad on the ground that an enquiry was conducted by a Committee of three members constituted for this purpose and she was found guilty. One of the charge against the petitioner was that she had taken away the old bricks of 'kharanja' in the village which were replaced, for her own use in her residence. This fact that she has taken away the old bricks was admitted by her in her reply. However, the explanation for taking away the bricks was that it is only for the security of the old bricks she has taken away the old bricks and they are still with her and she has not misused the same and she is willing to compensate the same in terms of money. The petitioner was found guilty and was suspended pending final enquiry as per the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as the Enquiry Rules, 1997).;