PRITAM SAHU Vs. STATE OF C G

JUDGEMENT

(1.) THE petitioner has preferred this writ petition under Article 226/227 of the Constitution of India questioning the legality, correctness and propriety of the order dated 1-3-2004 passed by the Secretary, Panchayat & Rural Development, Govt. of C.G., Raipur where by the Secretary set aside the order dated 10-7-2002 (Annexure P-8) passed by the Commissioner Raipur. Brief facts leading to filing of this writ petition are that in the year 2000 the petitioner was elected as Sarpanch of Gram Panchayat Kopra, Block Fingeshwar. District Raipur. It appears that a complaint alleging misappropriation of Panchayat fund was lodged against the petitioner by the Up-Sarpanch of Gram Panchayat Kopra. On that complaint a preliminary enquiry was conducted by Panchayat & Social Education Coordinator, Fingeshwar and based on that the Prescribed Authority i.e. Sub Divisional officer, Gariyabandh initiated the proceedings under Section 40 of the Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as 'Act of 1993') and a show cause dated 17-10-2000 was given to the petitioner, which was replied by the petitioner vide his reply dated 30-10-2000. Thereafter, again a show cause notice dated 15-12-2000 was served on the petitioner, which was also replied by the petitioner on 22-12-2000. Thereafter, on 27-9-2001 learned S.D.O. vide Annexure P-5 passed the order of removal of the petitioner from the post of Sarpanch of said Gram Panchayat, against which the petitioner has preferred an appeal under Rule 3 of C.G. Panchayat (Appeal & Revision) Rule, 1995 (hereinafter referred to as 'Rules of 1995') before the Collector, Raipur and that appeal was came to be dismissed by the Collector vide order dated 3-1-2002 (Annexure P-7). Aggrieved therewith the petitioner preferred a revision under Rule 5 of Rules of 1995 before the Commissioner, Raipur, who after hearing the parties in the matter passed a detailed order dated 10-7-2002 (Annexure P-8), set aside the orders passed by the Prescribed Authority & the Appellate Authority and remanded back the case to the Prescribed Authority with a direction to conduct a fresh enquiry in accordance with the provisions of Section 40 (1) of the Panchayat Raj Adhiniyam, 1993. It seems that Up-Sarpanch being dissatisfied with the order passed by the Commissioner preferred a second revision before the Secretary, Panchayat & Rural Development, Govt. of C.G., Raipur, who passed the impugned order dated 1-3-2004.

(2.) PERUSAL of Rule 5 of the Rules of 1995 reveals that the State Government, the Commissioner, the Director of Panchayat, the Collector may on its/his own motion or on the application by any party, at any time for the purpose of satisfying itself/himself as to the legality or propriety of any order passed by or as to the regularity of the proceeding of the authority subordinate to it/him call for and examine the record of any case pending before, or disposed of by, such authority and may pass such order in reference thereto as it/he may think fit.

(3.) IN the impugned order learned Secretary has not pointed out any legal flaw in the order passed by the Commissioner, Even it has not been mentioned that what was the illegality in the order passed by the Commissioner. Learned Secretary set aside the Commissioner's order without assigning any reason whatsoever. Accordingly, on this count also the impugned order is liable to be set aside. In the result, the petition of the petitioner is allowed and the impugned order dated 1-3-2004 passed by the Secretary, Panchayats Rural Development, Govt. of C.G., Raipur, is hereby set aside and that of the order of Commissioner, Raipur dated 10-7-2002 (Annexure P-8) is restored. With the aforesaid observation and direction, the petition stands disposed of. Consequently. M.W.P. No. 726/04 also stands disposed of. Petition Allowed.