9911796707
TMI Blog1993 (5) TMI 199X X X X Extracts X X X X X X X X Extracts X X X X ..... awaria, Block Bhatpura, Tahsil Nawabganj, district. Bareilly. On certain complaints proceedings under Section 95(1) (g) of the U P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) were initiated against Petitioner. He was served with a chargesheet on 21-12-1991 which is Annexure-1 to the Writ Petition. Petitioner filed reply and contested the proceedings. However, Respondent No. 2 by his order dated 23-1-1993 removed Petitioner from office of Pradhan. True copy of the order is Annexure 3 to the Writ Petition. From the aforesaid order Petitioner preferred an appeal before Collector, Bareilly which too has been dismissed by order dated 31-3-1993 passed by Respondent No. 1, Aggrieved from the aforesaid orders, Petitioner has appro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... submitted by the Enquiry Officer/Tahsildar, Nawabganj and Respondent No. 1 straightway passed the order. of removal against Petitioner. Learned Counsel has submitted that the impugned order has been passed in violation of the principles of natural justice and the statutory provision and thus the order is void and cannot be sustained. The question was raised and argued in appeal before the Respondent No. 2 but as he has failed to consider this aspect of the case and has committed a manifest illegality, the impugned orders are liable to be quashed. 4. Learned Standing Counsel, on the other hand, has submitted that the orders do not suffer from any error of law. The two opportunities of hearing may be required to be given in those cases where ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Tahsildar, Nawabganj, was appointed as enquiry officer. The reply was submitted by Petitioner and thereafter enquiry was completed and report dated 29-5-1992 was submitted. The first paragraph of the impugned order is very relevant for appreciating the controversy in the present case which is being reproduced below: Shree Jwala Prasad Pradhan Gaon Sabha Phulwaiya ke virudh aarop patra dinank 21-12-91 ko diya gaya tha jiske uttar unhone janch adhikari Tahsildar Nawabganj ke sammukh prastut kiya. Janch adhikari ne apni janch akhya dinank 29-5-92 ko prastut kee parantu tatkaleen Pargan adhikari dwara ispar koi adesh nehi ko sake. Pradhan ke virudh lagaye gaye aarop uske spastikaran tatha janch adhikari ke akhya ka maine ablokan kiya tatha' ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as required by Section 95(1) (g) clearly envisages that a Pradhan must be given two opportunities, one at the stage When the charges are enquired into at the stage of enquiry and the other at the stage when the authorities concerned come to the conclusion as to whether the charges or proved or not and provisionally propose the action against the Pradhan. If any of the two opportunities are not given to the Pradhan the statutory requirement of reasonable opportunity of showing cause against the action proposed will not be fulfilled. The expression reasonable opportunity of showing cause against the action proposed was interpreted by the Privy Counsel and the Supreme Court. Even then the legislature enacted the proviso to Section (95)(1)(g) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... introduced by the U.P. Rural local Self Government Laws (Amendment) Act, 1973, i.e., U.P. Act No. III of 1973, which was published on 22-1-1973 and came into force with effect from November 24, 1972. The Full Bench judgment was delivered on 4-9-1972, i.e., before the amending Act came into force. The provisions of Section 95 were extensively amended. The proviso (i) and (ii) to Section 95 were inserted for the first time by Section 13 of the aforesaid Act. Thus the proviso in question which has been relied on by the learned Counsel for Petitioner and interpreted by the Division Bench was not on the Statute Book when the Full Bench judgment was delivered. In the circumstances, it cannot be said that the view expressed by the Division Bench i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1951. Importance has been further added as the Pradhan has a pivotal role to play in implementing the schemes under Jawahar Rozgar Yojna. The village administration and the development which the various schemes aim to promote are to be effected through Pradhan. He heads the functioning of the democracy at the grass-root level. The legislature realising the importance has intended to provide protection to Pradhan in the same way as it is provided to the Government servants. In my opinion, in the present case, Respondent No. 1 passed the order in gross violation of the principles of natural justice and failed to give reasonable opportunity of showing cause to the Petitioner at the vital stage and the order passed by him removing Petitioner f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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