Petitioners alleged misappropriation of Gram Sabha funds by a former Pradhan and Secretary, praying for direction to initiate surcharge. The court empowered petitioners to invoke the surcharge machinery under UP Panchayat Raj Rules.
Direction to invoke surcharge machinery under UP Panchayat Raj Rules left open.
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Court No. - 21
Case :- WRIT - C No. - 34908 of 2021
Petitioner :- Ambreeh Kumar Pandey And Another Respondent :- State Of U P And 5 Others Counsel for Petitioner :- Dinesh Mishra Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J. Hon'ble Dr. Yogendra Kumar Srivastava,J.
The petitioners who claim themselves to be residents of Village Chauki Khurd, Tehsil Machhali Sahar, District Jaunpur, have made allegations of misappropriation of public funds by erstwhile Gram Pradhan-Respondent no.5 and the SecretaryRespondent no.6. The prayer made in the instant petition is for a direction to the State Respondents to take action against Respondents no. 5 and 6. The petitioners have also prayed for a direction to Respondents no. 2 and 3 to decide their application dated 6.12.2020 filed in this behalf.
Learned counsel for the petitioner submitted that since the ex Pradhan and Secretary had misappropriated Gram Sabha funds and therefore, proceedings for surcharge are liable to be drawn against them.
Chapter XIII of the Rules framed under the U.P. Panchayat Raj Act, 1947 provides for the Surcharge Rules wherein the Chief Audit Officer, Co-operative Societies and Panchayats have been invested with power to call for explanation of Pradhan or any officer of the Gram Panchayat in case there has been a loss to the Gram Sabha or to its property. Thereunder they have to give notice to the concerned person through District Magistrate to show cause and thereafter, the explanation of the person along with other relevant records are to be placed before the District Magistrate along with their recommendation. The District Magistrate after examining and considering the explanation, has power to pass order of surcharge.
Having regard to the said provision, we leave it open to the petitioners to invoke the machinery as provided under Chapter XIII of the Uttar Pradesh Panchayat Raj Rules, 1947 for redressal of their grievance.
The petition stands disposed of.
Order Date :- 13.1.2022 Kirti
(Dr. Y.K. Srivastava, J) (Manoj Kumar Gupta, J)
1 issue framed by the court
Whether the petitioners are entitled to a direction to the State to initiate surcharge proceedings against the erstwhile Gram Pradhan and Secretary for alleged misappropriation of public funds.
1 provisions across 1 enactments
Ambreeh Kumar Pandey And Another
State Of U P And 5 Others
Manoj Kumar Gupta
Yogendra Kumar Srivastava
As recorded by the court registry
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