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Neutral Citation No. - 2025:AHC:72489 Court No. - 33 Case :- WRIT - C No. - 13860 of 2025 Petitioner :- Smt. Siya Dulari Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Surendra Kumar Chaubey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The petitioner has preferred the present petition inter alia with the prayer to quash the impugned order dated 21.04.2025 passed by respondent no. 2/District Magistrate, Mirzapur.
2. Facts in brief as contained in the writ petition are that the petitioner is an elected Pradhan of Village Panchayat Gogaon, Post Gogaon, Block Chhanbe, District Mirzapur. On the basis of complaint made against him an Enquiry Officer was appointed as per the Procedure Prescribed under Rule 3 of the U.P. Panchayat Raj (Removal of Pradhan, Up-Pradhan and Members) Enquiry Rules, 1997. The Enquiry Officer submitted its report dated 03.03.2025, pursuant to the aforesaid a show cause notice has been issued on 05.03.2025 against the petitioner by the District Magistrate, Mirzapur. In response to the same a reply was submitted by the petitioner on 26.03.2025.
3. Taking into consideration the enquiry report submitted by the Enquiry Officer and in response to the same reply submitted by the petitioner, a decision has been taken by District Magistrate, Mirzapur by which the financial and administrative powers of the petitioner has been seized, hence the present petition.
4. It is argued by Sri S.K. Chaubey, learned counsel for the
petitioner that though a detailed reply has been submitted by the petitioner in response to the show cause notice but the same has not at all taken into consideration by the respondent no. 2/District Magistrate, Mirzapur while passing the order impugned.
5. This fact is also clear from the perusal of the order itself and also admitted by the learned Standing Counsel appearing on behalf of State-respondents.
6. In this view of the matter, the Court is of the opinion that the
order impugned has been passed without considering the reply, and as such the order as being in violation of principle of natural justice is liable to be set aside and hereby set aside.
6. It is made clear that this order will not restrain to the respondent-authorities to pass a fresh order but order should be passed strictly in accordance with law.
7. In view of above, the writ petition is allowed.
Order Date :- 5.5.2025 Arti Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad Digitally signed by :- ARTI SHARMA High Court of Judicature at Allahabad