Writ petition challenging an order ceasing the petitioner's administrative powers was allowed. The court set aside the order as arbitrary, noting essential ingredients of the relevant legislation were not met and there was lack of application of mind.
Writ petition allowed; impugned order dated 18.02.2023 set aside.
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Court No. - 6
Case :- WRIT - C No. - 8660 of 2023
Petitioner :- Smt. Rajni Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Vinod Kumar Singh Counsel for Respondent :- C.S.C., B.K. Shukla
Hon'ble Pankaj Bhatia,J.
Impleadment application filed today is taken on record.
The application is allowed.
The counsel for the petitioner is permitted to carry out the necessary impleadment during the course of the day.
Heard the counsel for the petitioner, learned Standing Counsel for the State and Sri Sashi Nandan, learned Senior Advocate assisted by the Sri B. K. Shukla, the counsel for the respondent no.3.
The present petition has been filed by the petitioner challenging the order dated 18.02.2023 whereby an order was passed ceasing the financial and administrative power of the petitioner in exercise of the powers under the proviso to section 95(1)(g) of the U.P. Panchayat Raj Act.
The facts, in brief, are that a complaint was made against the petitioner with regard to the working, which led to a preliminary enquiry being conducted by the members of the Gram Panchayat. The said committee submitted its report on 16.11.2022 wherein some minor irregularities were found, however with regard to the overall functioning, it was recorded that the people of the village expressed their satisfaction.
In pursuance to the said report, a show cause notice was issued to the petitioner on 17.11.2022 levelling as many as three charges, firstly being that the meetings are not being regularly called, secondly being that in the cowshed, filth was found in the water and third being that the documents pertaining to the wages paid under MNREGA were not produced.
The petitioner gave his reply to the show cause notice and along with the said reply, the petitioner gave the dates on which the meetings were held. With regard to the second allegation, he gave the explanation that the steps were being taken to ensure that the bovine were healthy and with regard to the third allegation, he states that on account of excessive rain, the accounting documents could not be completed. Based upon the
said reply, the impugned order came to be passed.
I have perused the impugned order. In the impugned order there is a reference to the preliminary enquiry report, the issuance of the show cause notice and the reply filed by the petitioner. In the said order, there is no mention or finding, even of a primafacie nature that the petitioner was prima-facie found to be wanting in any of the conditions enumerated under section 95(1) (g) of the Act so as to take recourse to the extreme measures of ceasing the financial and administrative power.
Section 95(1)(g) of the U.P. Panchayat Raj Act is quoted herein below :
"95. Inspection – (1) The State Government may –
(g) remove a Pradhan or member of a Gram Panchayat or a Joint Committee or Bhumi Prabandhak Samiti if he –
(i) - absents himself without sufficient cause for more than three consecutive meetings or sittings.
(ii) - refuses to act or becomes incapable of acting for any reason whatsoever or if he is accused of or charged for an offence involving moral turpitude.
(iii) - has abused his position as such or has persistently failed to perform the duties imposed by the Act or rules made thereunder or his continuance as such is not desirable in public interest, or
(iii-a) has taken the benefit of reservation under sub-section (2) of Section 11-A or sub-section (5) or Section 12, as the case may be, on the basis of a false declaration subscribed by him stating that he is a member of Scheduled Castes, the Scheduled Tribes or the Backward Classes, as the case may be.
iv- being a Sahayak Sarpanch or a Sarpanch takes active part in politics, or
v- suffers from any of the disqualifications mentioned in Clauses (a) to (m) of Section 5-A:
Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pradhan is prima facie found to have committed financial and other irregularities such Pradhan shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of three members of Gram Panchayat appointed by the State Government."
The counsel for the petitioner draws my attention that the complainants were made a part of the three member committee
to further examine the allegations. The order itself records the name of said three persons as the complainant.
From the order passed and impugned in the present writ petition, this court has no hesitation in recording that the District Magistrate, Hamirpur Dr. Chandra Bhusan while passing the impugned order has thrown all cannons of justice to winds and exercised his power in a most arbitrary and casual manner.
It is well settled that ceasing of financial and administrative power is a serious issue whereas in the present case, even assuming without admitting all the allegations levelled against the petitioner to be true, none of the ingredients of section 95(1) (g) are attracted. The nomination of the complainant as the members of the enquiry committee smacks of lack of judicial discipline in the district magistrate. I have no hesitation in holding that the order dated 18.02.2023 smacks of vindictiveness and lack of application of mind which is writ large on the order. Thus, on grounds referred above, the order impugned is liable to be set aside.
The writ petition is allowed. Order dated 18.02.2023 is set aside.
Let a copy of this order be sent to the Chief Secretary, State of U.P. to ensure that a proper training is given to the District Magistrate, Hamirpur Dr. Chandra Bhusan so that he does not commit this kind of fault in future. The said order be also kept on his service record of Dr. Chandra Bhusan.
Order Date :- 28.3.2023 VNP/-
Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad
1 issue framed by the court
Whether ceasing the financial and administrative power of the petitioner violated the provisions of section 95(1)(g) of the U.P. Panchayat Raj Act.
1 provisions across 1 enactments
Smt. Rajni
State Of U.P.
Pankaj Bhatia
Vishvanath Prasad Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
