IMPORTANT POINT
The removal of a Gram Pradhan must comply with statutory inquiry procedures, and failure to do so renders the removal order illegal.

JUDGMENT :

Manish Kumar Nigam, J.

1. Heard learned counsel for the petitioner, learned Standing Counsel for the State-respondents and perused the record.

2. This writ petition has been filed for following relief:-

“1. Issue a writ, order or direction in the nature of Certiorari for quashing the Final Enquiry Report dated 14.03.2024, Show Cause Notice dated 12.04.2024 and the impugned order dated 26.07.2024 passed by opp. Party no. 2 i.e. District Magistrate Raibareli removing the petitioner from the post of Gram Pradhan pertaining to Gram Panchayat- Arakha, Block & Tehsil- Unchahar, Distt.-Raibareli, as contained in Anneuxres No.1, 2 & 3 to the writ petition.”

3. Brief facts of the case are that the petitioner was elected as a Pradhan of Gram Panchayat, Post-Arakha, Block & Tehsil- Unchahar, District- Raebareli. Certain complaints were made by the villagers, namely, Sunil Kumar son of Mewa Lal, Rakesh Kumar son of Late Ram Nath against the petitioner to the District Magistrate, Raebareli alleging therein the misappropriation of public money by the petitioner in carrying out the development work. The complaint made against the petitioner was got enquired by District Magistrate, Raebareli and preliminary reports dated 21.10.2022 and 29.10.2022 were submitted before the District Magistrate, Raebareli by the District Social Welfare Officer, Raebareli and Deputy Labour Commissioner, Raebareli. After considering the preliminary enquiry reports, a show cause notice was issued to the petitioner by the District Magistrate, Raebareli on 04.11.2022 as to why proceedings under Section 95(1)(g) of U.P. Panchyat Raj Act, 1947 should not be initiated against the petitioner. Petitioner submitted his reply to the aforesaid show cause notice on 08.12.2022 to the District Magistrate, Raebareli. A copy of the reply has been annexed as Annexure No. 6 to the writ petition. By order dated 12.05.2023, the District Magistrate in exercise of its powers under Section 95(1)(g) of the U.P. Panchyat Raj Act, 1947 ceased the financial and administrative powers of the petitioner. By another order dated 16.06.2023 passed by District Magistrate, Raebareli, a three member committee was constituted for discharging functions of the Gram Pradhan and a final enquiry was also directed. District Programme Officer, Raebareli and Executive Engineer Khand 2 Lok Nirman Vibhag were appointed Enquiry Officers for conducting the final enquiry. The petitioner filed a writ petition being Writ C No. 8462 of 2023 (Sangeeta Devi Vs. State of U.P. and others) before this Court challenging the order dated 12.05.2023 passed by District Magistrate by which the financial and administrative powers of the petitioner were ceased. This Court by order dated 04.10.2023 directed the learned Standing Counsel to file a counter affidavit and the said writ petition is still pending. Copy of order dated 04.10.2023 is annexed as Annexure No. 9 to the writ petition. The aforementioned Enquiry Officers submitted a final enquiry report on 14.03.2024 which has been annexed as Annexure No. 1 to the writ petition. On the basis of final enquiry report dated 14.03.2024, the District Magistrate, Raebareli issued a show cause notice to the petitioner on 12.04.2024 directing the petitioner to submit his explanation within fifteen days from the date of receipt of the notice. The petitioner submitted a detailed explanation/ reply to the enquiry report on 02.05.2024 denying the charges levied against the petitioner relating to financial irregularities and misappropriation of public money. The petitioner also raised objections regarding the procedure adopted by the Enquiry Officers in conducting the final enquiry. Copy of the explanation submitted by the petitioner dated 02.05.2024 has been filed as Annexure No. 11 to the writ petition. The District Magistrate, Raebareli on 26.07.2024 passed an order removing the petitioner from the post of Post-Arakha, Block & Tehsil- Unchahar, District- Raebareli. Hence the prese