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1999 Supreme(All) 203

O.P.GARG
SANDHYA GUPTA – Appellant
Versus
DISTRICT MAGISTRATE – Respondent


Advocates Appeared:
N.S.CHAUDHARY

O. P. GARG, J.

( 1 ) THE petitioner-Smt. Sandhya Gupta admittedly is the duly elected Pradhan of Gaon Panchayat. Jagatpur, Post Muradganj. Block Ajitmal, district Auraiya, which was earlier a part of district etawah. Certain complaints were received against her with regard to financial irregularities including squandering of public money as well as extracting illegal gratification. The Chief development Officer, Etawah passed an order on 19-7-1997 stripping the petitioner of her financial powers by invoking the provisions of Section 95 (1) (g) of the U. P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act of 1947 ). This order was challenged by the petitioner by filing Civil Misc. Writ Petition No. 26863 of 1997 in which the order passed by the Chief development Officer (for short c. D. O. ) was directed to remain in abeyance. Consequently, the c. D. O. rescinded his earlier order dated 19,7. 1997 and restored the financial power of the petitioner by passing fresh order dated 28. 8. 1997.

( 2 ) AN enquiry into the complaints made against the petitioner was initiated under the provisions of U. P. Panchayat Raj (Removal of Pradhan. Up-Pradhans and Members) Enquiry Rules. 19























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