GUHRI RAM THAKUR Vs. STATE OF C G

JUDGEMENT

(1.) LEARNED counsel appearing for the petitioner submits that the Sub Divisional Officer by order dated 8-9-2008 (Annexure P/1) has removed the petitioner from the post of Sarpanch, Gram Panchayat Bharda, Tahsil; Gurur, District Durg, in exercise of his power under Section 40 of the Chhattisgarh Panchayat Raj Adniniyam, 1993 (for short, "the Adhiniyam, 1993"), without following basic principles of natural justice. There is an efficacious and statutory remedy available under the provisions of Section 91 of the Adhiniyam, 1993. Learned counsel further submits that the appeal cannot be preferred to the Collector as the proceedings have been initiated at the instance of Additional Collector by memo dated 19-3-2008 (Annexure P/3).

(2.) AFTER hearing learned counsel appearing for the petitioner and on perusal ofthe pleadings, it is evident that the memo dated 19-3-2008 (Annexure P/3) was to take steps to remove the petitioner after following due process of law and in accordance with law. The complaint of the petitioner is that the principles of natural justice have not been followed. The memo does not direct the Sub Divisional Officer to take action against the petitioner without complying with the principles of natural justice. Thus, if it is true, the petitioner has every right to take recourse to the appeal before the Collector under the provisions of law.

(3.) FOR the reasons mentioned hereinabove, this petition is dismissed as not maintainable. However, it is open to the petitioner, if so advised, to prefer an appeal before the Collector as provided under the provisions of law.