NEERA SAHU Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Petitioner in the present writ petition is aggrieved by the two orders one of which is passed by the District Collector on 05.08.2021 rejecting his interim application and the second being the order passed by the Divisional Commissioner dtd. 22.11.2021 whereby the revision preferred by the petitioner against the order of the Collector dtd. 05.08.2021 has been rejected.

(2.) Brief facts of the case is that the petitioner was elected as Sarpanch, Gram Panchayat, Banarasi under the Janpad Panchayat, Aarang, District Raipur. That on the basis of complaints in respect of the certain alleged misconduct and irregularity committed by the petitioner proceedings under Sec. 40 was initiated against the petitioner. That vide order dtd. 19.07.2021, the petitioner was removed from the post of Sarpanch.

(3.) The order of the removal of the Sarpanch dtd. 19.07.2021 was subjected to challenge before the Appellate Authority vide appeal dtd. 24.07.2021. The appellate Authority i.e. the District Collector vide order dtd. 05.08.2021 rejected the interim application on the ground of there being no sufficient strong ground raised in the interim application. This order of rejection of the interim application was put to test by way of a revision before the Divisional Commissioner filed on 04.09.2021. The Divisional Commissioner also vide order dtd. 22.11.2021 rejected the revision on the ground that since the Appellate Authority has already seized of the matter and is proceeding further to decide the appeal itself on merits. The Present petition has been filed against these two orders and petitioner is claiming for the interim protection so far as order of the removal is concerned.