SUB-DIVISIONAL OFFICER, SADAR, FAIZABAD vs SHAMBHOO NARAIN SINGH

The Supreme Court held that under Section 95(1)(g) of the U.P. Panchayat Raj Act, 1947, the government does not possess the authority to suspend a Pradhan pending inquiry or to appoint an up-Pradhan to officiate during such suspension. The Court emphasized that implied powers must be essential for executing conferred powers, and the absence of explicit provisions for suspension indicates a lack of such authority. The Court affirmed the High Court's decision to quash the government's order, reinforcing that a Pradhan is an elected representative and not a servant of the government.