V.K.SHUKLA, J. - (1.) IN the present case petitioner is Pradhan of vil­lage Makrandapur, Pritamrai Post and Block Bhojipura District Bareflly. It ap­pears that complaint has been made in respect of functioning of Pradhan as envisaged under U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Rules, 1997 and it is also reflected from the record which has been perused that three members committee has been constituted for conducting pre­liminary inquiry into the matter and report was submitted on 17.1.2008. After said report has been submitted show cause notice has been issued on 14.2.2008 to the petitioner to which petitioner submitted his reply on 14.2.2008. Thereafter District Magistrate, Bareilly has proceeded to exercise and invoke power vested under the First proviso of Section 95(1)(g) of U.P. Panchayat Raj Act, 1947 on 11.7.2008 ceasing financial and administrative function of petitioner and consti­tuting three members Committee to look after the administrative and financial matter of the Gram Panchayat.
(2.) LEARNED counsel for the petitioner Sri G.B. Singh Patel, contended with vehemence that in the present case show cause notice was issued to the peti­tioner to which petitioner has submitted his reply, said reply has been noted in the impugned order but said reply has not at all been considered and dealt with and same has been ignored by mentioning that reply submitted by the petitioner is unsatisfactory, in this background learned counsel for the petitioner submits that the very purpose of submitting the reply stands frustrated and as the con­tents of the said reply has not at all been dealt with, as such order impugned passed in violation of principles of natural justice, is liable to be quashed. Learned Standing Counsel on the other hand contended that preliminary inquiry has been contended and thereafter show cause notice has been issued and order impugned passed in consonance with the provision as contained under U.P. Panchayat Raj Act, 1947 and the Rules framed there under, as such writ petition deserves to be dismissed.
(3.) AT this juncture view point of this Court in respect of exercising authority of cessation of financial and administrative authority is being looked into.;