The Allahabad High Court has stayed the order of the District Magistrate to take away the financial and administrative powers of the president of Bansgaon Nagar Panchayat in Gorakhpur.
The Division Bench of Justice Sunita Agrawal and Justice Sadhana Rani Thakur on Wednesday passed this order, while hearing a petition filed by Ved Prakash Shahi.
The Court noted that the instructions received from the District Magistrate, Gorakhpur are incomplete, as the queries made by the Court by order dated July 26, 2021 has not been replied therein.
The specific assertion in the Writ Petition is that the three-member Inquiry Committee constituted by the state government, while making inquiry for the irregularities committed by the petitioner, did not provide any notice or opportunity to the petitioner during the course of inquiry.
It is also sought to be contended that the inquiry report dated November 7, 2020 has not been served to the petitioner before seizure of his administrative and financial powers.
“As a specific reply was sought from the Standing Counsel, which has not been given to the Court, we find a prima facie case for grant of interim relief,” the Court observed.
The Court granted three weeks’ time to file a counter affidavit. One week thereafter is granted to file a rejoinder affidavit.
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“Till the next date of listing, the effect and operation of the showcause notice dated March 10, 2021 in so far as the seizure of the financial and administrative power is concerned, shall be kept in abeyance.
“However, it is directed that the petitioner shall cooperate with the pending inquiry and the pendency of the present writ petition would not come in the way of the respondent to conclude the inquiry, in accordance with law”, the Court ordered and fixed the next hearing on September 9.