BEEGAN RAM Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The petitioner was appointed as Panchayat Secretary in the Gram Panchayat Katkona on 9-9-1999. The petitioner was issued a show-cause notice on 27-2-2000 (Annexure R-3) for financial irregularities committed in distribution of funds of Social Security Pension Scheme, National Old Age Pension Yojna, Jeevan Dhara, Indira Awas Yojna, Maternity Benefit Yojna and Wages of Workers. The petitioner declined to give acknowledgment of the notice served on him. Thereafter, the enquiry was conducted by Panchayat and Social Education Sangatak, Development Block, Lakhanpur, and the report was submitted to the Chief Executive Officer, District Panchayat Sarguja by letter dated 29-6-2000 (Annexure R-5) after removal of the petitioner from the service on 30-5-2000.

(2.) The petitioner filed an appeal against the order dated 30-5-2000 (Annexure P-3) passed by the Sarpanch, Gram Panchayat Katkona, before the Sub-Divisional Officer, Ambikapur. The Sub-Divisional Officer, Ambikapur vide dated 7-8-2000 (Annexure P-2) after having considered the enquiry report which was submitted, after removal of the petitioner from service, came to the conclusion that the resolution dated 18-5-2000 of Gram Panchayat removing the petitioner from the services was valid and legal. Accordingly appeal of the petitioner was dismissed. The petitioner, being aggrieved, filed revision petition before Additional Collector, Sarguja (Ambikapur) under Section 91 of the Panchayat Raj Avam Gram Swaraj (Amendment) Adhiniyam, 1995, the Additional Collector, Sarguja (Ambikapur) dismissed the revision petition on 16/18-3-2001 confirming the findings and order dated 7-8-2000 passed by the Sub-Divisional Officer, Ambikapur in Revenue Case No. 79/B-121/99-2000.

(3.) Dr. Shailesh Ahuja, learned Counsel for the petitioner submitted that there was no enquiry before the order was passed. It was further denied that any show-cause notice was issued to the petitioner and enquiry was conducted without notice or intimation to the petitioner. Learned Counsel further submitted that the order passed by Gram Panchayat pursuant to the resolution, later on confirmed by Sub-Divisional Officer (Revenue) in appeal and Additional Collector in revision was bad in law as the Appointing Authority had not complied with Rule 7 of Panchayat Service (Discipline and Appeal) Rules, 1999 (hereinafter referred to as "the Rules, 1999"). Rule 7 of the Rules, 1999, clearly contemplates that no order imposing major penalties shall be passed except after formal enquiry in the manner provided in the rules. Rule 7 reads as under :