ANMOL RAM SINGH Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) BY this petition the petitioner seeks to challenge the legality and the validity of the order dated 26.09.2011 (Annexure - P/1) passed by the respondent No.3 by which the petitioner has been removed from the post of Sarpanch of Gram Panchayat, Jhilmili, Janpad Panchayat, Bhaiyathan, Tahsil Surajpur, District Sarguja.

(2.) THE facts, in brief, as projected by the petitioner, are that the petitioner was duly elected Sarpanch of Gram Panchayat, Jhilmili, Janpad Panchayat, Bhaiyathan, Tahsil Surajpur, District Sarguja, on 03.02.2010 (Annexure - P/2). According to the petitioner, under the Mahatma Gandhi Rashtriya Rozgar Guarantee Yojana an amount of Rs.5,33,000.00 was granted for construction of 1 km. Mitty- Murum road from Rajbhar Marg to the house of Atari. The said construction work was started on 06.12.2009 i.e. prior to election of the petitioner. Most of the bills in respect of the said construction works have been released before the election of the petitioner and after the election of the petitioner on the basis of report submitted by the concerned Engineer, namely, Shri S.R.Soni and the Panchayat Secretary as well as Rojgar Sahayak, the petitioner passed the final bills.

(3.) SUBSEQUENTLY , the S.D.O. sought an enquiry report from the Chief Executive Officer, Janpad Panchayat, Bhaiyathan, and also recorded the statement of the Chief Executive Officer, but no opportunity has been afforded to the petitioner to cross-examine the Chief Executive Officer. Even the Tahsildar who conducted the enquiry and the complainant namely; Santosh Kumar Sahu on whose complaint the action has been taken have not been examined by the Sub Divisional Officer and passed the impugned order by terminating the petitioner from the post of Sarpanch of Gram Panchayat, Jhilmili, Janpad Panchayat, Bhaiyathan, Tahsil Surajpur, District Sarguja, in an illegal and arbitrary manner. Hence this petition.