Court No. - 36

Case :- WRIT - A No. - 15939 of 2021

Petitioner :- Sanjay Prakash

Respondent :- State of U.P. and Another

Counsel for Petitioner :- Arpit Agarwal,Akash Gupta

Counsel for Respondent :- C.S.C.

Hon'ble Saral Srivastava,J.

Heard learned counsel for the petitioner and learned

Standing Counsel for respondents no.1 & 2.

The petitioner by means of present writ petition has

assailed the notice dated 28.09.2021 whereby he has been

called upon to submit explanation of misappropriation of

fund of Gram Sabha during the period 2010-2013.

Challenging the aforesaid notice, learned counsel for the

petitioner has submitted that the notice impugned is

without jurisdiction and barred by limitation as Rule 257

(2) of the UP Panchayat Raj Rules, 1947 (hereinafter

referred to as 'Rule 1947') provides that no officer or

servant shall liable for any loss, waste or misuse after the

expiry of four years from the occurrence of such loss,

waste or misuse or after the expiry of three years from the

date of his ceasing to be Pradhan, Up-Pradhan, Member,

Officer or servant of the Gram Panchayat, whichever is

later.

Accordingly, it is contended that the notice impugne