Noncompliance with statutory rules and violation of principles of natural justice render inquiry proceedings and removal orders illegal.

Devi Prasad Singh, J.

Heard the learned Counsel for the petitioner Sri Haridwar Singh and learned standing Counsel and perused the record.

2. The petitioner, who was elected as Gram Pradhan of Gram Panchayat, Alipur Vikas Khand Aliganj, district Etah, has approached this Court under Article 226 of the Constitution of India feeling aggrieved against the order of removal from the office of Pradhan, dated 12.11.2008, passed by the District Magistrate, Etah u/s 95(1)(g) of U.P. Panchayati Raj Act, 1947.

3. Submission of petitioner's Counsel is that the impugned order has been passed in violation of principles of natural, justice. The petitioner was never associated with the inquiry at any stage and instead, after receipt of inquiry report, the District Magistrate has passed the impugned order. According to petitioner's Counsel on 16.10.2007, the Assistant Engineer made a spot inspection with regard to verification of construction work and thereafter he submitted report dated 22.10.2007, levelling mainly three allegations against the petitioner contained in Annexure-1 to the writ petition. The Assistant Engineer recorded a finding that entire grant in possession of the petitioner, was not invested in the construction work and the funds were alleged to have been embezzled. On the basis of the said report the District Magistrate, Etah, served a notice dated 8.11.2007 to the petitioner requiring the petitioner to show cause. In response to which, the petitioner requested that he should be supplied copies of the complaints. However, the District Magistrate, Etah observed that no reply was submitted by the petitioner. He appointed an Executive Engineer Jal Nigam to conduct a regular inquiry with regard to allegations against the petitioner. A three-men committee was also appointed to look after the works of the Pradhan. The Executive Engineer submitted his report dated 17.10.2008. Submission of petitioner's Counsel is that the inquiry report of the Executive Engineer does not indict the petitioner rather, it exonerates the petitioner from the charges. However, by the impugned order, the petitioner has been removed from the Office of the Pradhan. Petitioner's Counsel submitted that before passing the impugned order, the District Magistrate concerned has not served any notice to the petitioner. The submission is that in case the District Magistrate before passing the Impugned order, had given opportunity of hearing to the petitioner, he would have invited attention to the material illegality evident from the inquiry report submitted by the inquiry officer. The submission is that the impugned order has been passed in utter violation of principles of natural justice.

4. Rule 3 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (in short as the "Rules") provides the procedure for filing of complaint against the Pradhan or Up-Pradhan. Rule 4 of the Rules, provides that there shall be preliminary inquiry and the Enquiry Officer shall conduct the preliminary inquiry and submit his report to the State Government within thirty days. The procedure for regular inquiry has been provided under Rule 6 of the Rules. For convenience, Rule 6 of the Rules is reproduced as under:

6. Procedure for the enquiry.- (1) The substance of the imputations, and a copy of the complaint referred to in Rule 3, if any, shall be forwarded to the Enquiry Officer by the State Government.

(2)The Enquiry Officer shall draw up-

(a) the substance of the imputations into definite and distinct articles of charge; and

(b) A statement of the imputations in support of each article of charge, which shall contain a statement of all relevant facts and a list of documents by which, and list of witnesses by whom, the articles of charge are proposed to be sustained.

(3) The Enquiry Officer shall deliver or cause to be delivered to the person against whom he is to hold the enquiry, a copy of the articles of charge, the statement of imputations an