Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 100380 (ALL)

SMT. RIHANA BEGAM v. STATE OF U.P. AND 3 OTHERS

WRIC/34014/2025 · 2025-10-08

Arun Kumar

Public Interest Litigationbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 34014 of 2025 Court No. - 9 HON'BLE ARUN KUMAR, J. 1. Heard Shri Ravi Kumar Mishra, learned counsel for the petitioner and learned counsel for the respondents. 2. The present petition has been filed by the petitioner challenging the order of the District Magistrate, Pilibhit, dated 11.09.2025, passed in exercise of powers under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947. 3. It is contended by the counsel for the petitioner that proceedings under Section 95(1)(g) of the Act of 1947 were initiated against the petitioner on the complaint made by three persons of the Gram Sabha, supported by their respective affidavits. 4. It appears that an inquiry was conducted and its report is filed as Annexure-3 to the writ petition. From a perusal of inquiry report, it is evident that inquiry committee has observed that no financial irregularity is reflected against the petitioner. However, in the said inquiry report it has been found that the petitioner while carrying out beautification work of the pond situated over plot no.188 has included bhumidhari land of one Pradeep Kumar son of Ram Bahadur. Secondly, it has also been observed that when the Gram Pradhan Smt. Rihana Begum was called for oral inquiry, she said that her husband Ayub Shah, who is Sweeper in Nagar Palika Parishad, Pilibhit is not at home and any information required from her will be given after he returned as she has no personal knowledge. 5. Having considered the findings recorded in the inquiry report and the Versus Counsel for Petitioner(s) : Ravi Kumar Mishra Counsel for Respondent(s) : C.S.C. Smt. Rihana Begam .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) order of District Magistrate, dated 11.09.2025, it is evident that the duty and responsibility of Gram Pradhan is in fact being carried out by the husband of petitioner and, therefore, she has failed to perform the duties imposed upon her by the Act and the Rules framed thereunder. 6. In the facts and circumstances of the case, I am of the view that a regular inquiry is necessary to be conducted in the matter. 7. Learned Standing Counsel, on the basis on instructions received, states that regular inquiry has already been initiated and is pending, and the District Development Officer/Assistant Engineer (Rural Engineering Service), Pilibhit is the Inquiry Officer. 8. In view of the aforesaid, the present petition is disposed of directing the respondent no.3 to get the inquiry, initiated against the petitioner, concluded, in accordance with law, within a period of two months from the date of presentation of certified copy of this order and thereafter proceed in the matter as per law. October 9, 2025 Ashok Kr. WRIC No. 34014 of 2025 2 (Arun Kumar,J.) Digitally signed by :- ASHOK KUMAR High Court of Judicature at Allahabad