Allahabad High Court
Smt. Sandhya vs State Of U.P. And 4 Others on 15 February, 2023
Author: Saurabh Shyam Shamshery
Bench: Saurabh Shyam Shamshery
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 34 Case :- WRIT - C No. - 2682 of 2023 Petitioner :- Smt. Sandhya Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Mohd. Afzal Counsel for Respondent :- C.S.C. Hon'ble Saurabh Shyam Shamshery,J.
Arguments are raised on the issue "whether on basis of allegations of irregularity committed in earlier tenure of Pradhan, financial powers can be suspended of same Pradhan after his re-election?"
I find merit in argument of Sri Vishal Srivastava holding brief of Sri Mohd. Afzal that petitioner was a Gram Pradhan from 2015-21 and is reelected as a Pradhan on 04.05.2021 and that a preliminary inquiry was initiated under provisions of U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997 for alleged irregularities committed by petitioner during her earlier tenure from 2015-21 and Collector suspended her financial and administrative powers for present tenure which is impermissible and illegal at the face of it. Petitioner cannot be penalized for the irregularity she committed during her earlier tenure except in accordance with law and for that her financial and administrative powers cannot be seized for present tenure.
Accordingly, impugned order dated 04.01.2023 passed by District Magistrate, Kasganj is set aside. However, inquiry will be continued against petitioner for alleged irregularities committed during her earlier tenure and shall be concluded in accordance with law expeditiously, preferably within a period of three months from today, if there is no legal impediment.
Disposed of with aforesaid observation.
Order Date :- 15.2.2023 Nirmal Sinha