HIGH COURT OF JUDICATURE AT ALLAHABAD Arvind Kumar @ Arvind Yadav .....Petitioner(s)

Versus State of U.P. and Another .....Respondent(s)

Counsel for Petitioner(s) : Gaurav Tripathi Counsel for Respondent(s) : C.S.C.

Court No. - 36 HON'BLE ARUN KUMAR, J.

1. Heard Sri Gaurav Tripathi, learned counsel for the petitioner and learned Standing Counsel for the respondent nos. 1 and 2.

2. The present writ petition has been filed challenging the order of the District Magistrate, Farrukhabad, dated 4.11.2025, removing the petitioner from the office of Gram Pradhan of Gram Panchayat Bilha, Block Kayamganj, District Farrukhabad in exercise of power under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947.

3. Brief facts of the case are that on a complaint made by local M.L.A., a three member committee was constituted by the Deputy Commissioner (Labour-Employment), Farrukhabad, by his order dated 26.6.2023 comprising of Deputy Commissioner (Self-Employment), Farrukhabad, District Economic and Statistics Officer, Farrukhabad and Assistant Engineer, Village Development Agency, Farrukhabad. The said committee submits its enquiry report dated 27.10.2023, pursuant to which a show cause notice dated 25.11.2023 was issued to the petitioner. The petitioner submitted his reply on 14.12.2023 to the aforesaid show cause notice, pursuant to which an order dated 10.1.2024 was passed directing recovery of a sum of Rs.16,54,485/- from the petitioner in purported exercise of power under Section 27 of the Act of 1947. The said order of the District Magistrate dated 10.1.2024 was challenged before this Court in Writ-C No.5248 of 2024, which is pending consideration.

4. On the basis of same enquiry report dated 27.10.2023, another show cause notice dated 4.4.2025 was issued to the petitioner in exercise of power under Section 95(1)(g) of the Act of 1947 alleging 9 charges against the petitioner for misappropriation of Gaon Sabha fund. The petitioner submitted his reply to all the 9 charges on 9.4.2025, pursuant to which an order dated 30.4.2025 was passed by the District Magistrate ceasing the financial and administrative power of the petitioner as Gram Pradhan of Gram Panchayat Bilha, and directed formal enquiry against him. The order dated 30.4.2025 was challenged before this Court in Writ- C No.17337 of 2025. The aforesaid writ petition was disposed of by the order dated 27.5.2025 directing the District Magistrate, Farrukhabad to pass appropriate orders after taking into consideration the reply submitted by the petitioner on 9.4.2025 within three weeks from the date of presentation of a certified copy of the order.

5. The District Magistrate, Farrukhabad in compliance of the order of this Court dated 27.5.2025 directed the enquiry committee, which had conducted the preliminary enquiry, to consider the reply of the petitioner dated 9.4.2025 and submit its report. The aforesaid committee submitted its report dated 19.07.2025, before the District Magistrate. The record further reveals that pursuant to the order dated 16.5.2025 passed by the District Magistrate, Farrukhabad, the Potato and Vegetable Development Officer, Farrukhabad submitted its report dated 4.8.2025, purporting it to be a final enquiry report in proceedings under Section 95(1)(g) against the petitioner. On consideration of the aforesaid reports, the District Magistrate proceeded to pass the order dated 4.11.2025 removing the petitioner from the office of Gram Pradhan of Gram Panchayat Bilha.

6. It is contended by learned counsel for the petitioner that the preliminary enquiry report dated 27.10.2023 conducted by three member committee, constituted by the order of Deputy Commissioner (Labour-Employment), Farrukhabad, and consisting of Assistant Engineer as one of its members was not in accordance with the Rule 2(c) of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997, as such, all the further proceedings on the basis of said preliminary enquiry report stands v