SAVITRI GOSWAMI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) HEARD finally, with the consent of all the parties.

(2.) RESPONDENT No. 4 Smit. Babita Parihar was the elected Sarphnch of Gram Panchayat, Khaija, Tahsil Boloda, Distt. Janjgir Champa. She was suspended by an order dated 24.9.2007 (Annexure P-2) passed by the Sub-Divisional Officer, Janjgir on account of framing of charges Under Section s 409, 420, 467,468,471,477-A & 409 of I.P.C., against her in Criminal Case No. 607/2007 pending in the Court of Judicial Magistrate First Class, Janjgir. It appears that after her suspension, she filed an appeal before the Addl. Collector, Janjgir, vide Appeal Case No. 2/A-89(15)/2007-2008 and in the said appeal, the Addl. Collector Janjgir Champa passed the impugned order dated 30.11.2007 and stayed the order of suspension passed on 24.9.2007.

(3.) ON the other hand, learned Counsel for the Respondent No. 4 supports the impugned order passed by the Addl. Collector. I have heard learned Counsel for the parties at length and have also perused the records of the writ petition. Section 39(1) of Panchayat Raj Adhiniyam 1993 reads as under: