HIGH COURT OF UTARANCHAL AT NAINITAL Writ Petition No. 166 (M/S) of 2006 With Stay Application No. 1840/06 Prem Chandra S/o Sri Ram Pyare R/o Village Chandeli, P.O. Nawagumathgu, Block Khatima, Tehsil Khatima, District Udham Singh Nagar. ….Petitioner Vs 1. District Magistrate, Udham Singh Nagar. 2. District Panchayat Raj Officer, U.S. Nagar. 3. Block Development Officer, Block Khatima, Tehsil Khatima, District- U.S. Nagar. …..Respondents Sri Manoj Tiwari learned counsel for the petitioner. Sri Nand Prasad learned Standing Counsel for the respondent. Dated: 29-3-2006 Hon’ble B.S. Verma, J. Heard Sri Manoj Tiwari learned counsel for the petitioner and Sri Nand Prasad learned Standing counsel for the respondent. The present writ petition has been filed by the petitioner with a prayer to issue a writ, order or direction in the nature of certiorari for quashing the order dated 14-2-2006 passed by Respondents No.1 (Annexure No.4) to the writ petition. By the impugned order dated 14-2-2006 the financial and administrative powers of the petitioner has been seized. Learned counsel for the petitioner has submitted that no preliminary inquiry was made against the petitioner before and no show cause notice was issued to the petitioner before seizing financial and administrative powers of the petitioners. 2 Learned counsel for the petitioner has relied upon the Judgment of Allahabad High Court in Smt. Sandhya Gupta Vs. District Magistrate, Auriya and others RD 1999(90) and it has been contended by the learned counsel for the petitioner that aforesaid provision of 2nd proviso of Clause (G) of Section 95 of the Act. The provision of the aforesaid proviso relating to stripping of the Administrative and financial powers of the Pradhan can be invoked after a show cause notice is served on the Pradhan and he is afforded reasonable opportunity of showing cause of action proposed. The District Magistrate without calling for the explanation and without giving reasonable opportunity of showing cause against the action proposed would be vitiated and is liable to judicial intervention. On 22-3-2006, the record was summoned to ensure whether the enquiry was conducted or not. The District Panchayat Raj Officer present in the court along with the record. It reveals from the record that the preliminary inquiry was conducted and the petitioner has also replied to the notice on the basis of the preliminary inquiry. The Collector respondent No.1 exercised his powers under Section 95 (1) (G) of the Panchayat Raj Act appointed the three members committee and financial powers of the petitioner has been seized by the impugned order. It was held by the Allahabad High Court Ramvyas Vishwakarma Vs. District Magistrate and others 2005 (99) RD-72, it has been held as under:- “From the language of proviso to Section 95 (1) (g) it is apparently clear that once financial and administrative powers with the aforesaid provisions, an order to restore the said powers can only be passed quiry report is obtained on the basis whereof the District Magistrate is satisfied that the charges leveled against the Pradhan are not made out and he specifically exonerates the Pradhan of the charges. The legal position in that regard has been settled by this court in the case reported in 1999 (1) UPLBEC 718.” It was held that the financial powers of the Pradhan cannot be restore till he exonerate from the charges. 3 It has been contended that the writ petition is devoid of merits being premature. Learned Standing counsel has stated that the respondent No.1 already appointed inquiry officer to conduct final inquiry. The respondent No.1 is directed to issue a direction to the inquiry officer to conclude the inquiry within a period of eight weeks from the production of the certified copy of the order. If the inquiry officer does not conclude the inquiry within a period of eight weeks in that case financial and administrative powers of the petitioner shall automatically revived. With the said observation, the writ petition disposed of finally. (B.S. Verma,J) Dated:- 29-3-2006 M.K.