HARISH SINGH AITHANI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The challenge in this petition is made to an office order dtd. 28/4/2023, passed by the respondent no.1 the State of Uttarakhand ("the State Government") by which, the petitioner has been removed from the post of Member, Jila Panchayat, Bageshwar under Sec. 138 Uttarakhand Panchayati Raj Act, 2016 ("the Act") and the petitioner has further been disqualified for being chosen a member of the Panchayat and being elected a Panchayat/Pradhan/UpPradhan/ Pramukh/Up-Pramukh/Chairman/ViceChairman for a period of five years. The petitioner also challenges the enquiry proceedings including inquiry report dtd. 18/10/2018 submitted by the respondent no.3 the Commissioner Kumaon Mandal ("the Commissioner"); the petitioner also seeks restoration of his status as Member of Jila Panchayat forthwith.

(2.) Heard learned counsel for the parties and perused the record.

(3.) The petitioner was Chairman, Jila Panchayat, Bageshwar ("the Chairman") from the year 2014 to 2019.