RAJNI BHANDARI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By the instant petition, the petitioner is challenging the order dtd. 10/1/2024, whereby the petitioner has been removed from the post of Chairperson of Zila Panchayat, Chamoli. This order has been passed by invoking the power as conferred under Sec. 138(1) of the Uttarakhand Panchayati Raj Act, 2016 (hereinafter referred as, 'the Act'). The petitioner is challenging the order dtd. 10/1/2024 primarily on two grounds:-

(2.) In the year of 2012-13, No Confidence Motion was passed against the then Chairperson of Zila Panchayat, who was removed from the office of Zila Panchayat, Chamoli and due to such removal the petitioner was elected as Chairperson of Zila Panchayat, Chamoli for 15 months. Thereafter, the petitioner was again elected as Chairperson, Zila Panchayat, Chamoli in the month of December, 2019 for five years.

(3.) In the present case, in respect of certain charges in awarding the contract in the year 2012-13, the respondents have decided to initiate an inquiry by appointing the District Magistrate, Chamoli as an Inquiry Officer pursuant to an order dtd. 31/7/2014 and thereafter, after appointment of the District Magistrate, the District Magistrate delegated the power to the Chief Development Officer, Chamoli for holding a preliminary inquiry and the Chief Development Officer constituted a Three Members Committee for the purposes of holding of preliminary inquiry. Thereafter, the Three Members Inquiry Committee submitted a preliminary report and it was forwarded by the Chief Development Officer, Chamoli to the District Magistrate, Chamoli by letter dtd. 12/2/2015 and the District Magistrate, Chamoli forwarded the said report to the Principal Secretary on 3/6/2016.