AJOY NATH RAY, ASHOK BHUSHAN
INDU DEVI – Appellant
Versus
DISTRICT MAGISTRATE, CHITRAKOOT – Respondent
By the Court—Heard learned counsel for the appellant and the learned Standing Counsel appeared for the respondents. This appeal has been filed against the judgment dated 1.12.2005 passed by a learned Single Judge dismissing the writ petition filed by the appellant challenging the orders dated 29.3.2000 (Annexures-6 and 6-A) filed along with the writ petition.
2. By the two impugned orders in the writ petition dated 29.3.2000, the administrative and financial powers of the writ petitioner-appellant were ceased under Section 95 (1) (g) proviso of the U.P. Panchayat Raj Act, 1947 and by another order of the same date, i.e. 29.3.2000, it was held that the writ petitioner is guilty of misappropriation of an amount of Rs.1,09,606/- and consequently the half amount be recovered from the Pradhan-petitioner and half amount from the Gram Panchayat Adhikari.
3. Learned counsel for the appellant challenging the aforesaid two orders contended before the learned Single Judge that the inquiry was not held in accordance with the inquiry rules, namely, U.P. Panchayat Raj (Removal of Pradhan, Up Pradhan and Members) Inquiry Rules, 1997.
4. Learned Single Judge by his impugned judgment held that
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