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Neutral Citation No. - 2025:AHC:131549 Court No. - 33 Case :- WRIT - C No. - 25898 of 2025 Petitioner :- Smt. Seema Devi Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Vijay Kumar Dwivedi Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.
1. The order dated 22.07.2025 passed by the respondent No.3/District Magistrate, Prayagraj by which the financial and administrative power of the petitioner has been cancelled is under challenge. 2. Facts in brief as contained in the writ petition are that the petitioner is Gram Pradhan and a complaint was made against the petitioner as provided under Section 95(1)G of U.P. Panchayat Raj Act, 1995. Pursuant to the aforesaid complaint, an Inquiry Committee was constituted and show cause notice was issued to the petitioner on 28.09.2024 & 20.02.2025. Reply to the aforesaid show cause notice was given by the petitioner on 11.03.2025. 3. It is argued by learned counsel for the petitioner that without considering the reply submitted by the petition and without assigning any reason and only on the ground that the reply was not found satisfactory, the respondent No.3 passed the order impugned ceasing the financial and administrative power of the petitioner/Gram Pradhan. 4. Large numbers of cases are coming before this Court everyday in which financial and administrative power of the Gram Pradhan has been ceased or they had been removed without considering
their reply only on the ground that the reply was not found satisfactory and no reasons whatsoever has been assigned in complete violation of Section 95(1)G of U.P. Panchayat Raj Act, 1995 and Rules 3 to 6 of under U.P. Panchayat Raj (Removal of Pradhan and Up Pradhan and Members) Enquiry Rules, 1997. 5. This fact is also admitted by the learned Standing Counsel. 6. Heard learned counsel for the parties and perused the record. 7. Since the order impugned has been passed by the respondent No.2 without assigning any reason and in in complete violation of Section 95(1)G of U.P. Panchayat Raj Act, 1995 and Rules 3 to 6 of under U.P. Panchayat Raj (Removal of Pradhan and Up Pradhan and Members) Enquiry Rules, 1997 which is itself admitted by the learned Standing Counsel, order dated 22.07.2025 passed by the respondent No.3/District Magistrate, Prayagraj is liable to be set aside and the same is hereby sett aside. 8. The Writ Petition is allowed. 9.
8. The Writ Petition is allowed. 9. respondent No.3/District Magistrate, Prayagraj is free to pass fresh order, if so advice. Order Date :- 5.8.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad