D.T.CHANDRAPPA Vs. EXECUTIVE OFFICER

JUDGEMENT

(1.) The petitioner has sought for issuance of writ of certiorari for quashing the order passed by third respondent dtd. 8/11/2016 at Annexure-'B' whereby disciplinary action has been initiated against the petitioner. The petitioner has also sought for setting aside of the order of first respondent at Annexure-'G' dtd. 17/2/2021 whereby, the appeal stated to have been preferred under Sec. 113(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 has been rejected.

(2.) The petitioner submits that the removal of petitioner is by Gram Panchayat, Chikkagondanahalli, Chitradurga and the said action of Gram Panchayat is to be necessarily preceded by an enquiry in compliance with the substantial principles of natural justice, which is absent in the present case.

(3.) Learned counsel appearing for the respondents submits that the removal of petitioner was on the basis of the order at Annexure-'R2' dtd. 20/6/2014. It is submitted that pursuant to the complaint made to Karnataka Lokayukta, the Upalokayukta had issued directions calling for the report from Zilla Panchayat and on the basis of such report, the proceedings were initiated for removal of the petitioner by the Gram Panchayat.