CHHABILDAS RAMJIBHAI VAGHELA Vs. DISTRICT DEVELOPMENT OFFICER SURENDRANAGAR

JUDGEMENT

(1.) RULE. Learned advocates Mr.Mangukiya and Mr.Ramakrishnan waive service of rule. With the consent of the parties the matter is taken-up for final hearing today.

(2.) The question which arises for the consideration is, whether it was required to hold an inquiry considering the facts and circumstances of the case at the level of the District Development Officer while exercising power under Section 57 of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act")?

(3.) Upon hearing the learned counsels Mr.Vyas for the petitioner and Mr.Ramakrishnan with Ms.Acharya for the respondent No.1, it appears that in view of the decision of this Court in the matter of Kamlaben Rohitbhai Patel v/s. Additional Development Commissioner reported at 2002(2) GLR 1174 in respect of the procedural irregularity or accounting matters, the inquiry is required to be held while exercising power under Section 57 of the Act. On perusal of the order passed by the District Development Officer as well as by the Development Commissioner, it is found by them that no further inquiry is required to be held and it appears the power is exercised on the basis of the material which was available on record. There cannot be any absolute proposition that in every case, while exercising power under Section 57 of the Act, inquiry is required to be held. However, it may vary from facts of each case.