Allahabad High Court
Sheetla Baksh Singh vs State Of U.P. Thru. Prin. Secy. ... on 22 September, 2023
Author: Saurabh Lavania
Bench: Saurabh Lavania
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2023:AHC-LKO:61496 Court No. - 18 Case :- WRIT - C No. - 7987 of 2023 Petitioner :- Sheetla Baksh Singh Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Deptt. Lko. And 5 Others Counsel for Petitioner :- Govind Kumar Chourasia Counsel for Respondent :- C.S.C.,Pankaj Gupta Hon'ble Saurabh Lavania,J.
1. Heard.
2. By means of this petition, the petitioner has assailed the order dated 15.05.2023 passed by respondent no. 2/District Magistrate, Gonda, whereby constituted a two member committee consisting of Zila Yuva Kalyan evam Pradeshik Vikas Dal Adhikari, Gonda and Assistant Engineer, P.M.G.S.Y, Gonda, for the purposes of assesment of surcharge indicated under Section 27 of the U.P. Panchayati Raj Act, 1947.
3. Learned counsel for the petitioner, based upon the judgment of Division Bench of this Court in the case of Dinesh Kumar and 4 Others Vs. State of U.P. and 3 Others passed in Writ-C No. 28230 of 2022 on 16.12.2022. as also Rule(s) 256 and 257 of U.P. Panchayati Raj Rules, 1947 (in short "Rules, 1947") stated that only the Audit Officer can conduct the inquiry for the purposes of assessment of surcharge. As such, the order impugned is unsustainable in the eye of law.
4. Shri Sanjeev Mishra, learned Standing Counsel for State-respondent could not dispute the aforesaid legal position.
5. Taking note of the aforesaid, the order impugned dated 15.05.2023, Annexure No. 1 to the petition, is set aside and the matter is remanded back to the respondent no.2/District Magistrate, Gonda to pass order afresh after taking note of Rule(s) 256 and 257 of Rules, 1947 and the observation of this Court in the judgment passed in the case of Dinesh Kumar and 4 Others Vs. State of U.P. and 3 Other (supra).
6. With the aforesaid, the writ petition is allowed.
Order Date :- 22.9.2023 Mohit Singh/-
..............................................(Saurabh Lavania,J.)