Court No. - 33 Case :- WRIT - C No. - 42862 of 2024 Petitioner :- Mohd. Javeer Respondent :- State of U.P. and Another Counsel for Petitioner :- Sr. Advocate,Vineet Kumar Singh Counsel for Respondent :- Km. Surabhi,Amit Kumar,Anubhav Kumar Vimal,C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri H.N. Singh, learned Senior Counsel assisted by Sri Vineet Kumar Singh, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondent nos. 1 and 2 and Sri Amit Kumar, learned counsel appearing on behalf of the complainant. 2. Present writ petition has been filed by the petitioner inter-alia with the prayer to quash the order dated 07/09.12.2024 passed by the District Magistrate, Bijnor. 3. Facts in brief are that petitioner is a elected Gram Pradhan. On the complaint made against the petitioner by the complaint, an order was passed by the Chief Development Officer, Bijnor being Order No. 1948 dated 23.07.2024, by which the Deputy Commissioner, Labour Employment and Executive Engineer, Ruler Engineering Department, Bijnor were appointed as inquiry officer. Aforesaid inquiry officers submitted their report on 24.10.2024. 4. Pursuant to aforesaid, show cause notice was issued to the petitioner on 16.11.2024 and since no reply was given by the petitioner within the time provided, impugned order has been passed, by which the financial and administrative powers of the petitioner has been seized. 5. It is argued by Sri H.N. Singh, learned Senior Counsel appearing on behalf of the petitioner that show cause notice dated 16.11.2024 was received for the first time on 06.12.2024 and without giving breathing time to petitioner to submit his reply, order impugned has been passed, hence the same has been passed in complete violation of principles of natural justice. It is further submitted that even in the absence of the reply, order should be passed strictly in accordance with law and after giving cogent findings, the aforesaid order is absolutely silent in this regard. 6. On the other hand, it is argued by the learned Standing Counsel appearing on behalf of the State-respondent that show cause notice dated 16.11.2024 was received by the petitioner on 19.11.2024, but this fact has been denied by the learned counsel for the petitioner. 7. Whether show cause notice dated 16.11.2024 was received by the petitioner on 19.11.2024 or 06.12.2024, is disputed question of fact, which could not be looked into by this Court specially under Article 226 of the Constitution of India. 8. From the perusal of order impugned, it is clear that while passing the aforesaid order, by which the financial and administrative power of the petitioner has been seized, no prima facie satisfaction has been recorded by the District Magistrate concerned, which is condition precedent for passing such order. This fact is also accepted by the learned counsel appearing on behalf of the State-respondents. 9. In this view of this facts and also in the interest of justice, the present writ petition is disposed of directing the petitioner to submit his reply in response to the show cause notice dated 16.11.2024 with the respondent no.2 within a period of two weeks from today. If it is so, the respondent no.2 is directed to take final decision in the matter within further period of four weeks. 10. For a period of eight weeks from today or till final decision is taken in the matter, whichever is earlier, the effect and operation of the order dated 07/09.12.2024 passed by the District Magistrate, Bijnor shall remain stayed. Order Date :- 19.5.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad