REKHA SAHU Vs. STATE OF C.G.

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) CHALLENGE in this petition is to the order dated 24th November, 2008 (Annexure - P/12) passed by the Director (Panchayat), Chhattisgarh, Raipur, in revision case No. 4/A-89/08.09 whereby the Director has dismissed the revision upholding the order dated 6th October, 2008 (Annexure - P/10) passed by the Additional Collector, Dhamtari, in appeal case No. 75A/89/year 2007-08.

(3.) ON receipt of the report, the Sub Divisional Officer issued a charge sheet vide Annexure - P/3. The Petitioner submitted her response to the show cause notice (Annexure - P/4). The Petitioner made an application on the 4th June, 2008 (Annexure - P/5) to the Sub Divisional Officer, Kurud permitting her to cross-examine Shri B. Panchbhai, who has submitted report, as he was required to depose on the next date. ON the 4th June, 2008 (Annexure - P/6) the application of the Petitioner was rejected on the ground that the enquiry has been initiated on the basis of preliminary conclusion and other documents and, as such, it is not necessary to permit the Petitioner to cross-examine the enquiry officer, who has stated in his deposition that the enquiry report may be treated as statement of the witness. Thus, without affording an opportunity of hearing the Sub Divisional Officer by order dated 26th June, 2008 (Annexure - P/7) held the Petitioner guilty of irregularities-committed by him in exercise of power under the provisions of Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short "the Adhiniyam, 1993") and removed the Petitioner from the post of Sarpanch and disqualified the Petitioner for six years under the provisions of Section 40(2) of the Adhiniyam, 1993.