of the U.P. Panchayat Raj (Removal of Pradhans, Up-Pradhans and Members) Enquiry Rules, 1997 vide order dated 11.5.2017. This order is not under challenge. Once that be so the logical consequence ought to be that the preliminary enquiry is conducted in the manner contemplated under Rules of 1997 and a final decision is taken by the competent authority in accordance with law. This, however, has not been the course followed by the authorities. Instead, a show cause noticed came to be issued by the Chief Development Officer on 22.9.2017. This notice apparently is not referable to exercise of any power under Section 95(1)(g) of the Act as the competent authority in that regard is the District Magistrate. Moreover, a preliminary enquiry had already been initiated by the District Magistrate and there was no occasion for the Chief Development Officer to step in at that stage. The consequential order of the District Magistrate dated 27.11.2017 is equally unsustainable inasmuch as a preliminary enquiry, as had already been initiated on 11.5.2017, was yet to be concluded by then. The preliminary enquiry report was submitted before the District Magistrate, Allahabad on 19.10.2019 pursuant to which a show cause notice is issued on 16.12.2019. The petitioner does not appear to have submitted a reply to this notice as previous writ petitions were pending and the petitioner was advised that no further action at her level is required. Though the advise may not be correct but the non submission of reply by the petitioner cannot be said to be actuated by any ulterior motive. Important right of petitioner to submit reply to the show cause notice ought not be denied in the facts of this case.
