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2025 DAILYLAW 130708 (ALL)

SANT RAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. PANCHAYAT RAJ,GOVT. of U.P. LKO. AND 2 OTHERS

WRIC/2984/2025 · 2025-04-04

Pankaj Bhatia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:18751 Court No. - 6 Case :- WRIT - C No. - 2984 of 2025 Petitioner :- Sant Ram Respondent :- State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Panchayat Raj,Govt. Of U.P. Lko. And 2 Others Counsel for Petitioner :- Piyush Mishra Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner. 2. The present petition has been filed challenging an order dated 17.03.2025, whereby the financial and administrative powers of the petitioner as a Gram Pradhan have been ceased in exercise of powers under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947 read with the Rules applicable for removal of the Pradhan. 3. The contention of learned counsel for the petitioner is that the petitioner was served with a show cause notice making allegations against the petitioner, based upon a preliminary inquiry on 07.10.2023, to which the petitioner had given a detailed reply denying the allegations. He states that no order was passed on the said show cause notice and the reply given by the petitioner. However, subsequently another notice dated 06.02.2025 referred to as Abhyavedan notice was sent. In the said notice, which is on record as Annexure No.6 to the petition, it was alleged that the earlier reply given by the petitioner was not found to be satisfactory and the petitioner was called upon to give the evidences in reply to his representation (Abhyavedan). As the matter was very old and the petitioner was in process of collecting the documents, he could not file a reply within the time, as such, the order impugned came to be passed on 17.03.2025. 4. Considering the fact that a serious order has been passed without considering any reply, the present petition is disposed of directing the petitioner to file a reply to the allegations levelled in the notice dated 06.02.2025 within a period of 10 days from today. The District Magistrate is directed to pass a fresh order after considering the reply by the petitioner to the notice dated 06.02.2025 within a further period of 10 days. The subsequent order that has been directed to be passed shall supersede the order dated 17.03.2025. 5. In case, no reply is submitted within a period of 10 days from today, this order shall automatically come to an end. 6. It is further provided that for a period of 20 days, no steps shall be taken in furtherance of the order dated 17.03.2025 for re-constitution of the Committee as proposed. 7. The present petition is disposed of in terms of above. Order Date :- 4.4.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench