Hon’ble Suneet Kumar, J.—A Division Bench of this Court in (Shamim v. State of U.P. through Secretary, Special Appeal No. 65/2017 dated 31.1.2017) finding itself unable to accept the law laid down by the co-ordinate Bench in Smt. Sonia v. State of U.P., 2013(5) ADJ 559, referred for “authoritative pronouncement by a larger Bench”, the following questions for determination :

“(i) As to whether the District Magistrate at the point of time when he proceeds to cease the administrative and financial authority of the Pradhan, he acts as a Tribunal or acts as an administrative authority.

(ii) The view as expressed in the case of Smt. Sonia (supra) that under the scheme of things provided for under the U.P. Panchayat Raj Act, 1947, the District Magistrate exercising delegated authority of State Government acts as Tribunal is a correct view or District Magistrate exercises administrative authority, while exercising authority under Section 95(1)(g) of U.P. Panchayat Raj Act, 1947.”

2. Since the decision rendered by the Division Bench in Sonia has been doubted, the reference comes before this Bench of three Judges.

3. The issue which falls for determination turns upon the provision