HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 31276 of 2025 Court No. - 33 HON'BLE PRAKASH PADIA, J. 1. Petitioner is Gram Pradhan. A complaint was made by one Shri Devendra Bahadur Singh for certain illegal payment made by the petitioner for the financial year 2013-2014 during his tenure of Gram Pradhan. Pursuant to the aforesaid, inquiry was conducted by the Inquiry Officer on 29.09.2022 and he submitted his report. Subsequently, a show- cause-notice was issued to the petitioner. A reply of which was submitted by him and thereafter an order dated 19.08.2025 was passed by the respondent no.2- District Magistrate, Gorakhpur by which the petitioner was directed to deposit a sum of Rs.27,577.33/- 2. It is argued by learned cousnel for the petitioner that the proceedings could not be initiated against the petitioner for any loss, if any, after four years and in the present case, the matter was related to the financial year 2013-2014. It is further argued that as per the Third Proviso of Sub-rule (2) of the Rule 257 of the U.P. Panchayat Raj Rules, 1947, no proceedings should be initiated against the Pradhan for any loss, waste or misuse after expiry of four years from the occurrence of such loss, waste, or misuse or after expiry of three years from the date ceasing to the post of Pradhan. Third proviso to Sub-rule (2) of Rule 257 of the U.P. Panchayat Raj Rules, 1947 reads as follows:- "No Pradhan, Up-Pradhan, Member, Officer, or servant shall be held liable for any loss, waste, or misuse after the expiration of four years from the occurrence of such loss or waste, or after three years from the date they ceased to hold office, whichever period is later." Versus Counsel for Petitioner(s) : Manoj Kumar Tiwari Counsel for Respondent(s) : C.S.C. Prayag Singh Singh @ Prayag .....Petitioner(s) State Of U.P. And 5 Others .....Respondent(s) 3. From the perusal of the records it is clear that the order impugned dated 19.08.2025 has been passed by respondent no.2- District Magistrate, Gorakhpur in violation of the Third Proviso to Sub-rule (2) of Rule 257 of the U.P. Panchayat Raj Rules, 1947. 4. In this view of the matter, the Court is of the view that the order dated 19.08.2025 passed by respondent no.2-District Magistrate, Gorakhpur is in complete violation of the Rules, 1947, the same is liable to be set aside and the order impugned is hereby set aside. 5. The writ petition is allowed. No order as to costs. September 10, 2025 AS WRIC No. 31276 of 2025 2 (Prakash Padia,J.) Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad Digitally signed by :- ABHISHEK SINGH High Court of Judicature at Allahabad