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1996 Supreme(All) 840

MARKANDEY KATJU
RADHA KRISHNA SHARMA – Appellant
Versus
STATE OF U P – Respondent


Advocates Appeared:
K.P.Shukla,

M. KATJU, J.

This writ petition has been filed against the impugned order dated 15. 7. 96 Annexure 1 to the writ petition.

2. By the impugned order financial and administrative powers of the petitioner who is the gram pradhan have been taken away till the pendency of the enquiry under the first proviso to Section 95 (1) (g) of U. P. Panchayat Raj Act. A perusal of the im pugned order shows that there are several complaints of financial and other ir regularities against the petitioner.

3. Learned counsel for the petitioner has submitted that the impugned order could only have been passed after giving the opportunity of hearing to the petitioner I do not agree with this contention. In my opinion, the order under the first proviso to Section 95 (1) (g) can be passed without giving any opportunity of hearing, because it is only an interim measure subject to the final decision of the enquiry. There may be cases of grave irregularities by a Pradhan in which the immediate action may be re quired to prevent him from doing further misdeeds and hence the Legislature has catered for this by inserting the first proviso by J. P. Panchayat Raj Act, 9 of 1994. Hence, in my opinion, the impugned o






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