SAVITA CHAUDHARY Vs. STATE OF UTTARAKHAND & OTHERS

JUDGEMENT

(1.) Petitioner is an elected Chairman of Zila Panchayat, Haridwar. She was elected as Chairman in May 2016. On complaint against the petitioner, a preliminary enquiry was done by the District Magistrate, Haridwar. Preliminary enquiry against the petitioner reveals that there are serious charges of financial irregularities against the petitioner. On the basis of said enquiry, a notice was given to the petitioner by the District Magistrate, Haridwar asking for her reply as to why she should not be suspended.

(2.) Admittedly, petitioner did not reply to the show cause notices dated 25.10.2017 and 12.11.2017. Vide letter dated 14.11.2017, petitioner sought time to file the reply to the show cause notice, but admittedly the reply was not given by the petitioner and ultimately the impugned order was passed on 4.12.2017, by which the petitioner was suspended from the post of Chairman of the Zila Panchayat pending final enquiry. Petitioner has challenged the said order dated 4.12.2017 (Annexure No. 10 to the writ petition) before this Court.

(3.) The main contention of the petitioner before this Court is purely legal which is as follows.