SUSHMA LAKDA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Aggrieved by the impugned order Annexure P-1 dtd. 29/12/2021 the present writ petition has been filed. Vide the impugned order, the service of petitioner who is a Sapanch of Gram Panchayat, Duldula, Janpad Panchayat Duldula, Tahsil Kunkuri, District Jashpur has been placed under suspension invoking the provisions of Sec. 39(1) of the CG Panchayat Raj Adhiniyam, 1993.

(2.) The challenge to the impugned order is primarily on the ground that the petitioner does not meet the requirement under sec. 39 (1) of the CG Panchayat Raj Adhiniyam inasmuch as no charge sheet has been issued to the petitioner nor is there any show cause notice for removal from the post issued to the petitioner before placing the petitioner under suspension.

(3.) Counsel for petitioner drew the attention of the Court to Annexure P-1 whereby the entire order sheet would reflect that the petitioner has been placed under suspension only on the ground of certain allegations which have been made where the respondent authorities intend to conduct an inquiry and during the inquiry the petitioner has been placed under suspension. This procedure adopted by the respondents is not what is contemplated under Sec. 39(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993.