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1992 Supreme(All) 276

P.P.GUPTA
Surah Singh – Appellant
Versus
Commissioner, Moradabad Division, Moradabad – Respondent


Advocates:
Advocate appeared:
K.K. Arora

JUDGMENT

P. P. Gupta, J.

1. Mohd. Yunus, respondent no. 4, was elected as Pradhan of Gaon Sabha, Mauja Mewa Nawada, Pargana Shivhara, Tehsil Dhampur, District Bijnor. In the same election, the petitioner, Suresh Singh, was elected as Up-Pradhan of the Gaon Sabha. Mohd. Yunus was suspended under Section 95 (1) (gg) of the U. P. Panchayat Raj Act, 1947 (hereinafter referred to as the 'Act') by respondent no. 2, by his order dated 15-5-1V90. As a stopgap arrangement, the petitioner, being Up- Pradhan of the Gaon Sabha, was given the charge of office of the Pradhan, which he was holding till date. Respondent no. 4 abused his position as Pradhan and he was found guilty of various irregularities. The petitioner, in his capacity as Up-Pradhan, and other members of the Gaon Sabha made several complaints against the pradhan before respondent no. 2. A show-cause notice was given to respondent no. 4. who was also suspended by an order dated 15-5-1990 passed by respondent no, 2. By the same order the Tahsildar, Dbampur was appointed as the Enquiry Officer. A charge-sheet was submitted against respondent no. 4 An enquiry was conducted by the Tahsildar, Dhampur, who submitted his report on 23-1-1







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