Statutory suspension powers cannot be implied to suspend an elected Pradhan pending enquiry without express legal authority.

The statutory power under section 95(1)(g) of the U.P. Panchayat Rai Act, 1947 was punitive and extended only to suspension or removal when statutory conditions were met. It did not include any implied authority to place an elected Pradhan under suspension pending enquiry, because the Pradhan was not a Government servant and no express provision authorised such action. The law on master and servant suspension was inapplicable, and incidental powers could not be implied merely for convenience; they had to be absolutely essential to effective exercise of the express power. The suspension order was therefore without authority of law and the appeal failed.

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Issues: Whether the State Government, or its delegate, had power under the U.P. Panchayat Rai Act, 1947 to place an elected Pradhan under suspension pending enquiry, and to direct another person to officiate as Pradhan during that period.

Analysis: The power under section 95(1)(g) was a punitive power to suspend or remove specified office-bearers when the statutory conditions were satisfied. The Act conferred no express power to place a Pradhan under suspension pending enquiry. The Pradhan was an elected representative and not a Government servant, so the law relating to master and servant suspension had no application. Nor could the power be implied merely because suspension might be convenient for an enquiry. An implied power can be read only when it is absolutely essential for effective exercise of the statutory power, and not where it is merely desirable. The statute and rules also contained no provision authorising the respondent's duties to be assigned to an up-Pradhan during such suspension.

Conclusion: The impugned suspension order was without authority of law and the appeal failed.

Final Conclusion: The statutory power to suspend or remove an office-bearer under the Act did not include an incidental power to impose suspension pending enquiry in the absence of express provision or necessary implication.

Ratio Decidendi: A statutory power cannot be expanded by implication to include suspension pending enquiry unless that power is absolutely essential for effective exercise of the express power conferred.

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