Hon’ble Tarun Agarwala, J.—Heard Sri C.K.Parekh, the learned counsel for the petitioner, Sri Manish Chandra Tiwari, the learned counsel for the complainant and the learned Standing Counsel.

2. Inspite of a stop order being passed, no counter-affidavit has been filed by the learned Standing Counsel on behalf of the State.

3. The petitioner is the elected Gram Pradhan. Respondent No. 7 filed a complaint and, on that basis, a preliminary enquiry was held under the Uttar Pradesh Panchayat Raj (Removal of Pradhans, Up-Pradhans And Members) Enquiry Rules, 1997 (hereinafter referred as the Rules). In this preliminary enquiry, a prima facie case of financial irregularity was made out and on that basis, the District Magistrate issued an order ceasing the financial and administrative powers of the petitioner and further directed a final enquiry to be held in accordance with provisions of Rule 6 of the Rules.

4. The enquiry officer conducted an enquiry and submitted a final report holding that the allegations found in the preliminary enquiry stood proved. On the basis of this enquiry report, the District Magistrate issued a show-cause notice and upon receipt of the reply removed the p