Neutral Citation No. - 2025:AHC:43116 Court No. - 33 Case :- WRIT - C No. - 6063 of 2025 Petitioner :- Rubina Khatoon Respondent :- State Of U.P. And 10 Others Counsel for Petitioner :- Bharat Singh Pal,Pratima Pal Counsel for Respondent :- Indrakesh Kumar Sharma,C.S.C. Hon'ble Prakash Padia,J. 1. Order dated 18.02.2025 passed by the respondent no.3-District Magistrate, Sant Kabir Nagar is under challenge. 2. By the aforesaid order, the financial and administrative power of the petitioner has been ceased as per Section 95 (1) (g) of U.P. Panchayat Raj Act, 1947. 3. The facts contained in the writ petition are that petitioner is duly elected Pradhan. The complaint was made against her by the respondent no.11-Hifajur Rahman on 15.04.2023 before the respondent no.2- Commissioner, Basti Mandal, Basti regarding irregularities in development works committed by the husband of the petitioner. It is argued that aforesaid complaint was not submitted in the manner prescribed under Sub-rule (2) to (4) of Rule 3 of the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997. In view thereof, it is argued that aforesaid complaint itself was liable to be rejected by the respondent no.2-Commissioner, Basti Mandal, Basti. 4. On the basis of aforesaid complaint, respondent no.6-Divisional Technical Examiner, Basti Division, Basti conducted an inquiry and submitted his report dated 18.12.2023. It is argued that Inquiry Officer was not appointed by the competent authority- District Magistrate concerned. It is further stated in the writ petition that inquiry report was submitted on 18.12.2023. Pursuant to the aforesaid, a show cause notice dated 18.12.2024 was issued to the petitioner by the respondent no.4-District Development Officer, District Sant Kabir Nagar. Reply to the show cause notice was duly submitted by the petitioner on 08.01.2025. It is further argued that without considering the same and only on the basis of the aforesaid complaint made by the respondent no.11 before the respondent no.2 and on the basis of same, ex-parte inquiry conducted in the matter and order impugned has been passed in which financial and administrative power of the petitioner has been ceased. It is argued that the aforesaid order has been passed in complete violation of principles of natural justice. The entire order is absolutely non speaking order and same has been passed without application of mind. 5. Heard Sri Bharat Singh Pal along with Sri Prashant Kumar Singh, learned counsel for the petitioner, learned Standing Counsel appearing on behalf of the respondent nos. 1 to 10 and Sri Indrakesh Kumar Sharma, learned counsel appearing on behalf of the complainant. 6. Order impugned has been passed as per provisions contained under Section 95 (1) (g) of U.P. Panchayat Raj Act, 1947. Complete procedure has been prescribed under first proviso to the aforesaid Section. In the aforesaid section, it is provided that no action shall be taken under Clause (f), Clause (g) except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed. In so far as present case is concerned, show cause notice was issued to the petitioner on 18.12.2024 and though reply to the same was submitted by the petitioner on 08.01.2025, but without considering the same, order impugned has been passed, hence this court is of the opinion that order impugned has been passed in complete violation of principles of natural justice. 7. This fact is also admitted by learned Standing Counsel appearing on behalf of the respondent nos 1 to 10 as well as Sri Indrakesh Kumar Sharma, learned counsel appearing on behalf of the respondent no.11. 8. Considering the facts and circumstances of the case and also in the interest of justice, the impugned order 18.02.2025 passed by the respondent no.3-District Magistrate, Sant Kabir Nagar per provisions contained under Section 95 (1) (g) of U.P. Panchayat Raj Act, 1947 is liable to be set aside and it is hereby set aside. 9. Writ petition is allowed. 10. This order will not restrain the respondents to initiate the proceeding against the petitioner. Order Date :- 24.3.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad