IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No.444 of 2007 (M/S) Sultan Singh, S/o Sri Ratan Singh, Pradhan, Gram Panchayat Jogio, Block Chakrata, District Dehradun ……Petitioner. Versus 1. State of Uttarakhand through Secretary, Panchayat Raj, Civil Secretariat, Dehradun. 2. District Magistrate, Dehradun. 3. District Panchayat Raj Officer, Dehradun. 4. Block Development Officer, Chakrata, District Dehradun. …….Respondents. Mr. Ramji Srivastava, Advocate for the petitioner. Mr. K.P. Upadhyay, Addl. C.S.C. for the State-respondents. Dated: -03-05-2010 Hon’ble B.S.Verma, J. Heard learned counsel for the parties and perused the record. By means of this writ petition, the petitioner has sought a writ in the nature of certiorari for quashing the impugned orders dated 12-04-2007 and 17-04-2007 (Annexure Nos. 3 and 4 to the writ petition) passed by the District Panchayat Raj Officer, Dehradun- respondent No.3 and Block Development Officer, Chakrata, Dehradun- respondent No.4 whereby the District Panchayat Raj Officer- respondent No.3 directed the respondent No.4-Block Development Officer, Chakrata, Dehradun that the information be given to the banks concerned in writing that the amount be not withdrawn from the accounts of Village Pradhans until further orders. Pursuant to the order dated 12-04-2007, the respondent No.4 i.e. Block Development Officer has directed the Branch Manager, Punjab National Bank, Quasi that the said account be not operated by the Village Pradhan. 2 This Court vide interim order dated 16-05-2007, stay the operation of the order dated 12-04-2007 passed by the D.P.R.O. Dehradun on the account that the financial power of the Village Pradhan was ceased. In view of Section 95 (1) (g) of the U.P. Panchayat Raj Act, 1947 (hereinafter referred to an ‘Act’), the proviso (3) provides that in this clause no action shall be taken except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed. In the case at hand undisputedly the fact that the petitioner are elected Pradhan, the enquiry was initiated by the Collector on the alleged complaint and directed the District Panchayat Raj Officer to make enquiry. During the enquiry prior of taking decision by the District Magistrate for formal enquiry, the District Panchyat Raj Officer on the basis of enquiry report submitted by the Assistant District Panchyat Raj Officer to him passed the order impugned on 12-04-2007. As has been discussed above, no such order could be passed against the provision of Section 95(1) (g) of the Act, this order is de-hors the provision of the Act and is liable to be set aside. In view of the above, the orders impugned are hereby set aside. The writ petition is allowed. However, it is provided that the District Magistrate may proceed on the basis of the enquiry report in accordance with law under the Panchayat Raj Act and Rules framed thereunder. (B.S.Verma, J.) 03-05-2010 MK