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2008 Supreme(All) 1436

V.K.SHUKLA
MOHD. AHSAN – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates:
Counsel :
Ashish Agrawal for the Petitioner; K.K. Arora and S.C. for the Respondents.

JUDGMENT

Hon’ble V.K. Shukla, J.—Petitioner has approached this Court, questioning the validity of order dated 27.6.2008 passed by District Magistrate, Moradabad, removing the petitioner from the post of Pradhan in exercise of authority vested under Section 95 (1)(g)(iii) of the U.P. Panchayat Raj Act, 1947.

2. Brief facts giving rise to instant writ petition are that petitioner was elected as Pradhan of village Ahmadnagar, Jaitwara, post and Block Kundarki, District Moradabad. Complaints were made in respect of functioning of the petitioner as Pradhan. Preliminary enquiry was made and thereafter show cause notice was issued by the District Magistrate based on the report dated 29.11.2007. Petitioner filed reply to the said show cause notice and claimed to have demanded documents. Civil Misc. Writ Petition No. 626 of 2008 was filed by petitioner, wherein an interim order was passed in favour of petitioner on 8.1.2008. However, ongoing formal enquiry against petitioner was directed to be concluded expeditiously, without being influenced by the observations made in the said order. On 11.1.2008 an order was passed suspending financial as well as administrative powers of petitioner. Ag




























































































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