Neutral Citation No. - 2025:AHC:137748 Court No. - 33 Case :- WRIT - C No. - 27329 of 2025 Petitioner :- Kamala Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dharmendra Kumar Shukla,Uma Nath Pandey Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J. 1. Heard Sri Dharmendra Kumar Shukla along-with Sri Uma Nath Pandey, learned counsel for the petitioner and learned Standing Counsel for the respondent-State. 2. The petitioner is elected Pradhan and the proceedings were initiated against him on the basis of certain complaints pursuant to the order dated July 15, 2025 was passed by the respondent no.2 namely District Magistrate/District Programme Coordinator, Sant Kabir Nagar by which recovery for a sum of Rs.52,306/- was sought against the petitioner. Apart from the same, the District Panchayat Raj Officer, Sant Kabir Nagar, directed to initiate the proceedings against the petitioner as provided under Section 95 (1) (G) of the U.P. Panchayat Raj Act, 1947. 3. It is argued by counsel for the petitioner that a show cause notice dated 26.06.2025 was issued to the petitioner by the respondent no.2-District Magistrate/District Programme Coordinator, Sant Kabir Nagar. It is specially mentioned in the aforesaid show cause notice to submit a reply within 15 days from the receipt of the notice. 4. It is stated in paragraph-12 and 16 of the writ petition that show cause notice dated 26.06.2025 was received by the petitioner for the first time on 03.07.2025 and a detailed reply in response to the same was submitted by him on 17.07.2025 but without considering the same order impugned has been passed on 15.07.2025 hence the same has been passed without considering the reply submitted by the petitioner. 5. On the other hand, a preliminary objection has been raised by learned Standing Counsel that against the aforesaid order statutory alternative remedy is available to the petitioner to file an appeal before the appellate forum as provided in Clause-29-(i) contained under Category-D of Schedule-I of The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 hence present writ petition is not maintainable before this Court. 6. In response to the same, it is argued by counsel for the petitioner that since the order impugned has been passed in complete violation of principles of natural justice, the writ petition filed by the petitioner is maintainable before this Court. 7. In the facts and circumstances of the case, present writ petition is disposed of finally permitting the petitioner to file an appeal before the appellate authority as provided Clause-29-(i) contained under Category-D of Schedule-I of The Mahatma Gandhi National Rural Employment Guarantee Act, 2005 within three weeks from today. If it is so the appellate authority is directed to consider and decide the same on merits within a period of two months, thereafter. 8. For a period of three months or till the decision is taken, whichever is earlier, no coercive action shall be taken against the petitioner pursuant to the order dated 15.07.2025 passed by the respondent n.2. Order Date :- 13.8.2025 Pramod Tripathi Digitally signed by :- PRAMOD TRIPATHI High Court of Judicature at Allahabad