Under the proviso to Section 95(1)(g) of the U. P. Panchayat Raj Act, 1947, an opportunity of hearing is not required before passing an interim order suspending the Pradhan's administrative and financial powers pending an enquiry into alleged financial irregularities, as this interim measure is analogous to a suspension order against a Government servant and is necessary to prevent further irregularities.

( 1 ) THIS writ petition has been filed against the impugned orders dated 7-11-1996 and 31-12-1996 Annexures 7 and 8 to the writ petition.

( 2 ) I have heard learned counsel for the parties.

( 3 ) IT appears that the petitioner was elected as Pradhan of Gram Panchayat Sudhiyani; district Padrauna: By the impugned order dated 7-11-1996 Annexure 7 to the petition, the administrative and financial power of the petitioner have been taken away under the proviso to S. 95 (1) (g) of the U. P. Panchayat Raj Act as an interim measure pending proceeding against the, petitioner for which the District Panchayat Raj Officer was appointed as enquiry officer In he said order dated 7-1 1-1996 it is mentioned. that there were certain allegations against the petitioner which have been" referred to in the said order which have resulted in a loss of Rs. 50,000. 00 to the Gram Sabha. By the order dated 31-12-1996 Annexure 8 to the petition three member committee was constituted for exercising the financial and administrative powers of the Gram Pradhan. These orders have been challenged in this petition.

( 4 ) LEARNED counsel for the petitioner submitted that no opportunity of hearing was given to the petitioner before passing the impugned order. In my opinion, it was not necessary to give any opportunity of hearing before passing the impugned order.

( 5 ) IN this connection S. 95 (1) of the said Act states that the State Government may-" (G) (remove a Pradhan, Up Pradhan or member of a Gram Panchayat) or a Joint Committee or a Bhumi Prabandhak Simiti or a Panch, Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat if he- (i) absents himself without sufficient cause from more than three. consecutive meetings or sittings, (ii) refuses to act or becomes incapable of acting for any reason whatsoever of if he is accused of or charged for an offence involving moral turpitude ; (iii) has abused his position as such or has persistently failed to perform the duties imposed by this Act or rules made thereunder or his continuance as such is not desirable in public interest, (iv) being a Sahayak Sarpanch or a Sarpanch of the Nyaya Panchayat takes active part in politics, or (v) suffers from any of the disqualifications mentioned in clauses (a) to (m) of S. 5-A/;provided that where, in an enquiry held bysuch person and in such manner as may be prescribed, a Pradhan or Up-Pradhan is prima facie found to have committed financial and other irregularities; such Pradhan or Up-Pradhan shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be. exercised add performed by a committee consisting of three members of Gram Panchayat appointed by the State Government. "

( 6 ) A perusal of the aforesaid provision showed that under S. 95 (1) (g) the State Government can remove a Pradhan on certain grounds. The proviso to this provision which has been inserted by U. P. Act No. 9 of 1994 provides that if the Pradhan is prima facie found to have committed financial and other irregularities in enquiry, such Pradhan shall cease to exercise and perform the financial and administrative powers and functions which shall thereupon be performed by a Committee consisting of three members of the Gram Panchayat appointed by the State Government until the Gram Pradhan is exonerated of the charges in the final enquiry. Thus it is evident that the proviso to S. 96 (1) (g) contemplates an interim measure pending an enquiry. In my opinion, no opportunity of hearing is necessary before resorting to such an interim measure. It is only before passing the final order of removal that an opportunity of hearing is to be given to the Pradhan.

( 7 ) THE action taken under proviso to S. 95 (1) (g) is analogous to suspension order passed against a Government servant. No opportunity of hearing nerd be given before passing such suspension order. The opportunity of hearing is only to be given