IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition (M/S) No. 471 of 2010 Rao Afak Ali S/O Ashfak Ali, Gram Pradhan Village Salempur Mahdud, Block Bhadrabad, District Haridwar, R/O Village Salempur Mahdud, Blcok Bahdarbad, District Haridwar. … Petitioner. Versus 1. District Magistrate Haridwar, District Haridwar. 2. District Panchayat Raj Officer, Haridwar, District Haridwar. … Respondents. Mr. Parikshit Saini, Advocate, learned counsel for the petitioner. Mr. K.P.Upadhyay, Learned Additional Chief Standing Counsel for the respondents. Mr. Lok Pal Singh, Advocate, for the complaint. Date April 05, 2010. Hon’ble B.S.Verma, J. Heard learned counsel for the petitioner and perused the record. Mr. Lok Pal Singh, Advocate, seeks permission to move impleadment application. By means of this writ petition the petitioner has sought a writ in the nature of certiorari quashing the impugned order dated 31-3-2010 passed by respondent no. 1 (Annexure-1 to the petition) whereby the financial and administrative powers of the petitioner- Pradhan have been suspended and final enquiry against the petitioner has been ordered. Learned counsel for the petitioner has filed this writ petition mainly on the ground that no show cause notice was issued and no opportunity of hearing was given to the petitioner prior to passing the impugned order. The learned counsel for petitioner has placed reliance upon the judgment of the Allahabad High Court in the case of Chandrajit Raj Bhar Vs. District Magistrate, Pilibhit and others [(2002) 1 UPLBEC, Page 582], wherein it has been held that “the District Magistrate has no jurisdiction to deny reasonable opportunity of showing cause to the petitioner before passing the 2 impugned order as envisaged under second proviso of Section 95(1)(g) of Act of 1947.” Learned Additional Chief Standing Counsel appearing for the respondents has submitted that this writ petition may be disposed of finally today without inviting counter affidavit. Learned counsel for the complainant has no objection in deciding the petition today. Learned counsel for the petitioner has contended that the complainant has no locus to intervene in the matter. The power of the Collector/District Magistrate for passing the impugned order is contained under Proviso first and second appended to Section 95(1) (g) (v) of the U.P. Panchayat Raj Act, 1947 (for short the Act) which reads as under:- “Provided that where, in an enquiry held by such person and in such manner as may be prescribed, a Pradhan or Up-Pradhan is prima facie found to have committed financial and other irregularities such Pradhan or Up-Pradhan shall cease to exercise and perform the financial and administrative powers and functions, which shall, until he is exonerated of the charges in the final enquiry, be exercised and performed by a Committee consisting of three members of Gram Panchayat appointed by the State Government. Provided that- (i) No action shall be taken under Clause (f), Clause (g) except after giving to the body or person concerned a reasonable opportunity of showing cause against the action proposed;” I have perused the order impugned. By a bare perusal of the order impugned (Annexure-1 to the petition) is reveals that show cause notice was not issued to the petitioner. In the impugned order, there is even no reference that after due enquiry, a show cause notice was issued to the petitioner. As such the petitioner was deprived of reasonable opportunity of hearing as provided under proviso second appended to Section 95(1)(g) of the Act. A show cause notice against the action proposed must have been 3 given to the petitioner. On this ground alone, the impugned order is liable to be set aside outright. The writ petition is allowed. The impugned order dated 31-3-2010 (Annexure-1) is set aside. The matter is remanded to the District Magistrate, Haridwar, who shall take a decision in the matter afresh in accordance with law and in the light of the observations made in the body of this order, expeditiously as far as possible. All pending applications stand disposed of. ( B.S.Verma, J.) RCP