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2013 Supreme(All) 2739

TARUN AGARWALA
PUSHPA – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
R.P.S. Chauhan and Sudhir Kumar for the Petitioner; S.C. for the Respondents.

JUDGMENT

Hon’ble Tarun Agarwala, J.—Heard Sri R.P.S.Chauhan and Sri Sudhir Kumar, the learned counsel for the petitioner and the learned standing counsel.

The instant case discloses the manner in which the State authorities have thrown caution to the wind and have patently misused the provisions of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to ‘Rules of 1997’) in passing orders ceasing the financial and administrative powers of the Pradhan and thereafter removing him under Section 95(1)(g) of the U.P. Panchayat Raj Act. The manner in which the two orders have been passed are in gross violation of the provisions of Rules 3, 4, 6 and 7 of the Rules of 1997.

2. The petitioner was elected as the Pradhan and was discharging her duties. Certain persons, being aggrieved, filed a complaint on the basis of which a preliminary inquiry was instituted under Rule 3 of the Rules of 1997. A preliminary inquiry report was submitted indicating that the petitioner had not carried out the work in the right earnest and that she had misappropriated certain amount. Based on this preliminary inquiry report, a show-cause notice, dated 24.









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