NIRANJAN LAL VERMA Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) THIS petition is directed against the order dated 19.6.2006, passed by the Prescribed Authority during the pendency of a proceeding initiated under Section 40 of the Panehayat Raj Adhiniyam. 1993 for removal of the petitioner, who is a Sarpanch of Gram Panehayat, Parsada. The aforesaid order is said to have been passed under Section 39 of the said Act, by which, the petitioner has been suspended by the said authority.

(2.) THE brief facts are that on certain complaint, a proceeding under Section 40 of the aforesaid Act was drawn against the petitioner and the enquiry was being conducted by the Prescribed Authority in this regard. The Prescribed Authority, after preliminary satisfaction, issued a show cause notice to the petitioner. It is stated that the petitioner did not receive the show cause notice and he refused to receive the same and a report to this effect was submitted before the Prescribed Authority. The Prescribed Authority, after going through such report, passed the impugned order dated 19.6.2006 saying that the petitioner has failed to receive the notice of the Prescribed Authority and in this manner, he has not obeyed the order, passed by the said Court, therefore, he is suspended under Section 39 of the said Act.

(3.) THE petitioner filed a representation against the said order before the Collector, saying that the said order should not be confirmed. The aforesaid representation was dismissed by the Collector and vide order dated 14:8.2006, the suspension order was confirmed under Section 39 (2) of the said Act. Thereafter, the petitioner filed a regular appeal before the Collector and the said appeal was also dismissed by the Collector vide order dated 1.9.2006 passed in a revenue case No. 6-A/89 (15) years 2005-2006 (Annexure P-5).