Hon’ble H.L. Gokhale, CJ.—Heard Sri S.K. Verma, Senior Advocate for the appellant. Sri M.K. Sharma appears for Respondents No. 9 to 12 and Sri Y.K. Yadav appears for Respondents No. 1, 2, 6, 7 and 8.

2. The appellant is a Pradhan of Gram Panchayat Kuri Rawana in district Moradabad. He has been proceeded against for financial irregularities in a preliminary enquiry under Rule, 4 of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 (hereinafter referred to as the Rules) and his financial and administrative powers have been removed. He has to now face formal enquiry under Rule 5 of the Rules. It is at this stage that the appellant has filed a petition and challenged the order dated 3.12.2007 passed by the District Magistrate, Moradabad withdrawing his financial and administrative powers. The learned Single Judge has dismissed the petition, hence this appeal.

3. Sri Verma, learned Counsel for the appellant, submits that under Proviso to Section 95(l)(g) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to as the Act) an enquiry which is contemplated has to be regular enquiry under Rule 5. For the sake of record we reproduce Section