Neutral Citation No. - 2025:AHC-LKO:28386 Court No. - 6 Case :- WRIT - C No. - 4421 of 2025 Petitioner :- Ramesh Chandra Respondent :- State Of U.P. Thru. Prin. Secy. (Panchayati Raj) Lko. And 4 Others Counsel for Petitioner :- Ajeet Kumar Singh Counsel for Respondent :- C.S.C. Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the petitioner and learned Standing Counsel. 2. The present petition has been filed challenging an order dated 30.04.2025, whereby the financial and administrative powers of the petitioner have been ceased in exercise of power under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947. 3. The facts, in brief, are that the petitioner was elected as a Gram Pradhan of Panchayat- Raipur Gulriha, Block- Shahbad, District- Hardoi. Subsequently, a complaint was made on 10.10.2024, on which a preliminary enquiry was ordered by the District Magistrate. After the submission of the preliminary enquiry report, a show cause notice was issued to the petitioner (Annexure No.2 to the petition), wherein the petitioner was informed of the charges and the preliminary enquiry report submitted against him. The petitioner gave a detailed reply to the said charge sheet, whereby all the allegations were denied and clarification was also given. The said reply is contained in Annexure No.3 to the petition. After the reply was filed, the order impugned has been passed ceasing the financial and administrative powers of the petitioner. 4. The neat submission of learned counsel for the petitioner is that in respect to the allegations levelled in the show cause notice, a specific reply was given denying all the charges and an explanation was also offered. However, in the impugned order, there is no consideration of the reply submitted by the petitioner, which according to the petitioner is contrary to the mandate of the Full Bench of this Court in the case of Vivekanand Yadav versus State of U.P. and others reported in 2010(10) ADJ(1). 5. Learned Standing Counsel has produced instructions. However, he could not point out any consideration of the defence taken by the petitioner in the impugned order. The said instructions are taken on record. 6. Prima facie, finding that the order impugned dated 30.04.2025 does not consider any defence taken by the petitioner, in reply to the allegations levelled in the show cause notice, the order was short of the consideration required to be returned prior to ceasing the financial and administrative and powers as directed in the case of Vivekanand Yadav (supra), as such, on the said limited ground, the order dated 30.04.2025 is quashed. 7. It is further clarified that the financial and administrative powers of the petitioner shall stand restored forthwith. 8. The respondent would be at liberty to pass fresh order after considering the defence taken by the petitioner, if so advised, in accordance with law. The respondent would also be entitled to conclude the final enquiry in accordance with law. Order Date :- 15.5.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench