Reasonable opportunity before removal requires both enquiry-stage defence and a post-finding chance to contest proposed action.

A statutory requirement of a reasonable opportunity of showing cause against proposed removal under the U.P. Panchayat Raj Act was construed to include two stages: first, an opportunity to meet the charges during the enquiry, and second, a further opportunity after findings are recorded and before the proposed penalty is finalised. The safeguard was held to apply with the same legal content despite the office holder being a Pradhan rather than a Government servant, because the legislature used language already carrying a settled meaning. On the stated facts, the removal order was invalid for want of the second opportunity, and the order was quashed.

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Issues: Whether removal of a Pradhan under the proviso to Section 95(1)(g) of the U.P. Panchayat Raj Act required a reasonable opportunity of showing cause at two stages, namely during the enquiry and after findings were recorded before the proposed action was finalised.

Analysis: The proviso to Section 95(1)(g) bars action unless the person concerned is given a reasonable opportunity of showing cause against the proposed action. The expression was construed in the light of settled authority to mean that the person must first have the opportunity to meet the charges in the enquiry and later, after findings are recorded and the proposed action is contemplated, to show why the action should not be taken. The fact that the incumbent was a Pradhan and not a Government servant did not alter the statutory content of the safeguard, because the legislature used language that had already acquired a definite legal meaning.

Conclusion: The removal order was invalid because the appellant was not given the second opportunity after the findings were recorded, and the challenge succeeded.

Final Conclusion: The appeal was allowed, the writ petition stood dismissed, and the removal order was quashed for breach of the statutory requirement of reasonable opportunity.

Ratio Decidendi: Where a statute requires a reasonable opportunity of showing cause against proposed action, the safeguard includes an opportunity to meet the charges at the enquiry stage and a further opportunity after findings are recorded and before the proposed penalty is imposed.

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