SURAJ BHAN SINHA Vs. STATE OF C.G.

JUDGEMENT

(1.) BY this petition, the petitioner impugns the order dated 18.11.2004 (P/8), whereby the revision filed by the respondent No. 5 against the order dated 16.10.2002 (P/4), passed by the Sub-Divisional Officer, Patan, District Durg in Case No. 43/A-89/02-03 and the order dated 31.1.2003 (P/5), passed by the Collector, Durg in Case No. 3/A-89/2002-2003, was partly allowed.

(2.) THE indisputable facts in nutshell are that the petitioners are some of the complainants against the respondent No. 5, who is elected Sarpanch of Village Panchayat Chicha. According to the petitioners, the respondent No, 5 in the capacity of the Sarpanch had committed serious irregularities causing financial loss to the Gram Panchayat. On the basis of allegations made by the petitioners, the Sub-Divisional Officer conducted the enquiry and, after having considered the case on the basis of oral evidences adduced and documents produced before him held that the alleged serious irregularities committed by the respondent No. 5 were found proved. Thus, the Sub-Divisional Officer in exercise of his power under Section 40(1) of the Chhattisgarh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Adhiniyam, 1993') removed the respondent No. 5 from the office of the Sarpanch, Gram Panchayat-Chicha, Block- Gunderdehi vide order dated 16.10.2002 (P/4) with immediate effect. Further, in exercise of his power under sub-section 2 of Section 40 of the Adhiniyam, 1993 declared the respondent No. 5 as disqualified for a period of 6 years. It was further held that the Secretary was also responsible for the alleged serious irregularities committed by the respondent No. 5 as Sarpanch of Gram Panchayat-Chicha. Thus, appropriate action be initiated against him.

(3.) BEING aggrieved, the respondent No. 5 preferred a revision, being Revision No. 284/A-89/03-04 (Commissioner, Raipur Case No. 27/A-89/02- 03) before the Director (Panchayat), Chhattisgarh, Raipur. The Director (Panchayat), by the order dated 18.11.2004 (P/8), held that in the enquiry report dated 28.6.2002 several charges alleged against the respondent No. 5 were not found proved. The Sub-Divisional Officer, on the basis of statements of witnesses and documents, removed the respondent No. 5 from the post of the Sarpanch and declared her disqualified for a period of 6 years. The Appellate Authority, i.e. Collector, Durg confirmed the order passed by the Sub-Divisional Officer. Accordingly, the Director partly allowed the revision holding that the order of removal, passed by the Sub-Divisional Officer, confirmed by the Collector was proper, but their order disqualifying the respondent No. 5 for a period of 6 years was set-aside.