Neutral Citation No. - 2025:AHC-LKO:28899 Court No. - 6 Case :- WRIT - C No. - 4533 of 2025 Petitioner :- Smt. Sarojani Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Lko And 2 Others Counsel for Petitioner :- Anil Kumar Akela,Pushpendra Singh Counsel for Respondent :- C.S.C. AND Case :- WRIT - C No. - 6459 of 2024 Petitioner :- Smt. Sarojani Respondent :- State Of U.P. Thru. Prin. Secy. Panchayati Raj Deptt. Lko. And 2 Others Counsel for Petitioner :- Anand Mani Tripathi,Anurag Tripathi Counsel for Respondent :- C.S.C.,Abhishek Singh Hon'ble Pankaj Bhatia,J. 1. Since both the petitions arise out of a similar cause of action, they are being decided simultaneously. 2. The petitioner claims to have been elected as a Gram Pradhan in the year 2021. Subsequently, a complaint was made against the petitioner on 14.07.2022, which, according to the petitioner, was without any basis. However, taking cognizance of the said complaint, District Magistrate directed for holding a preliminary enquiry vide order dated 21.08.2023. Subsequently, the enquiry committee conducted the preliminary enquiry and submitted its preliminary enquiry report on 04.11.2023 wherein certain infractions were found against the petitioner. Based upon the said preliminary enquiry, a show-cause notice dated 18.12.2023 was issued to the petitioner elaborating 12 infractions. The petitioner submitted a reply to the said and denied all the charges, however, on 12.07.2024, an order came to be passed whereby the financial and administrative power of the petitioner was ceased in exercise of powers under Section 95(1)(g) of U.P. Panchayat Raj Act (hereinafter referred to as 'the Act'). The said order has been challenged by the petitioner in Writ - C No. - 6459 of 2024. 3. During the pendency of the said writ petition, a final enquiry was got conducted in terms of Rule 6 of U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules (hereinafter referred to as 'Removal of Pradhan Rules') and an enquiry report was submitted on 28.02.2025 (Annexure - 1 to Writ - C No.4533 of 2025). In the said enquiry, the petitioner was not found to be guilty of all the charges as were levelled. 4. Contention of learned counsel for the petitioner is that despite no final order being passed upon the final enquiry report of removal, the ceasing of financial and administrative power continues, which is contrary to the mandate of the Act and the Rules. He further argues that ceasing of the financial and administrative power is an intermediate step required to be taken pending the final enquiry and once the final enquiry has been concluded, only recourse open is taking steps for removal, however, as the final enquiry report does not implicate the petitioner, except insofar as Charge No.7 is concerned wherein he has been found to have signed, and no serious infraction was found in the enquiry against the petitioner, the order ceasing the financial and administrative powers needs to be set aside. 5. In the light of the said, instructions were called from learned Standing Counsel. The instructions have been handed over across the Bar, which are taken on record. 6. In terms of the instructions it has been stated that after the submission of the final enquiry report, the District Magistrate has directed re-enquiry through his letter dated 26.03.2025 on which no decision has been taken so far. 7. The complainant has put in appearance through Shri Abhishek Singh, Advocate whose vakalatnama filed today in Court has been taken on record. Although, no impleadment application has been filed, however, in the interest of justice, he is also heard. He argues that in the final enquiry also, the petitioner has not been exonerated; he draws my attention to Charge No.7 to substantiate the said argument. He further argues that all the materials that were placed by the complainant before the enquiry officers were not considered in its true perspective and the enquiry was not held in accordance with law. 8. Be that as it may, in terms of the prescriptions contained in Section 95(1)(g) of the Act, power of ceasing the financial and administrative powers is an intermediary power which can be exercised pending a final enquiry to be carried out in terms of the provisions of Rule 6 of Removal of Pradhan Rules. The prescription in the Rules is that the final enquiry shall be concluded within a period of six months. In the present case, after the ceasing of the financial and administrative powers of the petitioner on 12.07.2024, the final enquiry report has been submitted on 28.02.2025 whereupon no action has been taken. 9. Considering the fact that the final enquiry does not implicate the petitioner insofar as the duties of the Gram Pradhan as prescribed under Rule 47 of U.P. Panchayat Raj Rules, prima- facie, no material exists to continue the seizure of financial and administrative powers of the petitioner who is an elected representative. 10. In view thereof, Writ - C No.4533 of 2025 is allowed with direction to restore the financial and administrative power of the petitioner forthwith. 11. In view of the aforesaid, Writ - C No.6459 of 2024 is rendered infructuous and is accordingly dismissed. Order Date :- 16.5.2025 nishant Digitally signed by :- NISHANT MOHAN High Court of Judicature at Allahabad, Lucknow Bench