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Neutral Citation No. - 2025:AHC:77099 Court No. - 33 Case :- WRIT - C No. - 13883 of 2025 Petitioner :- Smt. Kumari Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Anand Kumar Srivastava Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondent-State and Sri Ved Prakash Shukla,
learned counsel for the caveator-respondent. 2. The order dated 17.04.2025 passed by the respondent no.2- District Magistrate, Basti is under challenge in the present writ petition. By the aforesaid order financial and administrative powers of the petitioner has been ceased. 3. The facts in brief as contained in the writ petition is that petitioner is Elected Pradhan and pursuant to the complaint made against the petitioner in order to conduct preliminary enquiry, Joint Inspection Committee was constituted, who submitted a report on
27.04.2023. Pursuant to the aforesaid show cause notice dated 29.01.2025 was issued to the petitioner. Reply to the same was submitted on 15.02.2025. During pendency of the aforesaid proceedings another report was submitted by the Sub Divisional Magistrate, Harraiya, District Basti dated 15.04.2025 making the allegations against the petitioner. Apart from the same, inspection committee also submitted his report dated 10.04.2025 against the petitioner taking into consideration the aforesaid reports namely report dated 15.04.2025 submitted by the Sub Divisional Officer, Harraiya, District Basti as well as report submitted by the Joint Inspection Committee dated 10.04.2025 and the financial and administrative powers of the petitioner has been ceased. 4. Heard learned counsel for the parties and perused the records. 5. From perusal of the record it transpires that pursuant to the show cause notice issued to the petitioner dated 29.01.2025, a reply was given by her on 15.02.2025. After the aforesaid reply two separate reports were submitted by the two different authorities as stated namely the report dated 15.04.2025 and 10.04.2025 and though the
aforesaid reports were taken into consideration by the respondent no.2 while passing the order impugned but the notice of the same were not provided to the petitioner. From perusal of the order impugned it is clear that the aforesaid order has been passed in complete violation of principles of natural justice. 6. This fact is also admitted by the learned Standing Counsel appearing on behalf of respondents. 7. In this view of the matter, the Court is of the opinion that since the order dated 17.04.2025 passed by the respondent no.2 was passed in complete violation of principles of natural justice hence same is liable to be set aside and the same is hereby set aside. 8. The writ petition is allowed. 9.
It is made clear that this order will not restrain the respondent no.2 to pass fresh order, if so advised but the same should be passed after providing copy of the aforesaid reports namely report dated 15.04.2025 and 10.04.2025 to the petitioner.
Order Date :- 12.5.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad