SMT. REKHA DEVI v. STATE OF U.P. THRU. PRIN. SECY. PANCHAYAT RAJ GOVT. LKO. AND 6 OTHERS
WRIC/1704/2025 · 2025-02-28
Pankaj Bhatia
body2025
DailyLaw.ai
[ 2025 DAILYLAW 124432 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 124432 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:12116
Court No. - 7 Case :- WRIT - C No. - 1704 of 2025 Petitioner :- Smt. Rekha Devi Respondent :- State Of U.P. Thru. Prin. Secy. Panchayat Raj Govt. Lko. And 6 Others Counsel for Petitioner :- Shobh Nath Pandey Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J.
1. Heard the counsel for the petitioner and the learned Standing Counsel.
2. The present petition has been filed challenging the order dated 17.01.2025 (signed on 15.01.2025) by the District Magistrate wherein in exercise of the powers under section 95(1)(g) of the U.P. Panchayat Raj Act, the administrative and financial powers of the petitioner have been seized.
3. The contention of the counsel for the petitioner is that on the basis of a complaint made, a preliminary enquiry was instituted and thereafter a show cause notice was issued. It is argued that the petitioner sent a reply to the allegations levelled in the show cause notice which were received on 15.01.2025, however, the
order impugned does not reflect the consideration of the reply submitted by the petitioner.
4. The Standing Counsel, based upon the instructions, states that the reply of the petitioner was received before the DPRO on 15.01.2025, however, as no reply was on record, the order impugned was signed by the District Magistrate on 15.01.2025 itself and was communicated through the communication dated
17.01.2025.
5. Be that as it may, prima-facie the order seizing the financial and administrative powers does not appear to have considered the submissions of the petitioner. As a drastic order has been passed seizing the financial and administrative powers without considering the contention raised by the petitioner, the impugned order dated 17.01.2025 (signed on 15.01.2025) cannot be sustained and is quashed. The District Magistrate shall pass a fresh order considering the reply submitted by the petitioner, which has been annexed along with present writ petition and is also available in the records of the DPRO by passing a fresh order in accordance with law preferably within a
period of three weeks from the date of submission of a copy of this order.
6. It is made clear that this court has not gone into the question of continuation of final enquiry.
7. It is also made clear that the financial and administrative powers of the petitioner shall stand restored subject to the fresh
order that is directed to be passed.
8. The writ petition stands disposed off with the said observations.
Order Date :- 28.2.2025 VNP/- Digitally signed by :- VISHVANATH PRASAD SHUKLA High Court of Judicature at Allahabad, Lucknow Bench