Smt. Mithilesh Kumari vs State Of U.P. And Another
2023 Latest Caselaw 7103 ALL

Citation : 2023 Latest Caselaw 7103 ALL
Judgement Date : 3 March, 2023

Allahabad High Court

Smt. Mithilesh Kumari vs State Of U.P. And Another on 3 March, 2023

Bench: Saurabh Shyam Shamshery




HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - C No. - 6504 of 2023
 

 
Petitioner :- Smt. Mithilesh Kumari
 
Respondent :- State of U.P. and Another
 
Counsel for Petitioner :- Neeraj Singh
 
Counsel for Respondent :- C.S.C.,Kamlesh Kumar Singh,Vineet Kumar Singh
 

 
Hon'ble Saurabh Shyam Shamshery,J.

Sri V.K. Singh, Senior Advocate assisted by Sri Neeraj Singh for petitioner, a Pradhan, submits that impugned order passed under proviso to of 95(1)(g) of U.P. Panchayat Raj Act, 1947, whereby her administrative and financial powers are suspended was bereft of requisite reasons. The District Magistrate has not considered reply/explanation as well as documents annexed along with it.

Sri H.N. Singh, Senior Advocate assisted by S/Sri Kamlesh Kumar Singh and Vineet Kumar Singh for respondent No.2 (one of the complainants/member of Gram Panchayat) as caveator submits that there are serious allegations against petitioner in regard to the administrative and financial irregularities also. Petitioner has not explained the charges and since explanation was found to be unsatisfactory, therefore, there was no illegality in impugned order.

Heard learned counsel for parties and perused record.

Order for suspending administrative and financial powers of Pradhan ought to have been accompanied by reasons may be in brief as it would cause prejudice to petitioner i.e. Gram Pradhan. The petitioner has submitted reply along with documents, however, Collector in a very cryptic manner, has rejected the explanation by way of a single line that it was not found satisfactory. It appears to be not a correct approach.

Accordingly, impugned order dated 30.01.2023 passed by District Magistrate, Etah (respondent No.2) is hereby set aside qua to suspension of administrative and financial powers as well as appointment of three members committee and matter is remanded back to respondent No.2 to pass a fresh order taking note of judgment of this Court in Shamim vs. State of U.P. and 5 others, Special Appeal No. 65 of 2017 decided on 01.05.2018 expeditiously preferably within a period of two weeks from today.

Meanwhile, petitioner will not indulge in major financial activity except being urgent and Inquiry Officer appointed by impugned order is also directed to submit its report expeditiously.

Petition stands disposed of with above observations.

Order Date :- 3.3.2023

Nirmal Sinha