MAFATBHAI POPATBHAI PATEL Vs. DISTRICT DEVELOPMENT OFFICER

JUDGEMENT

(1.) The Ex-Sarpanch of Piploi Village Gram Panchayat who was also, at the relevant time, the Secretary of Piploi Cooperative Society, had preferred the present Special Civil Application under Article.226 challenging the order passed by the District Development Officer, Anand dated 11.2.2004 passed under Section 59(1) of the GUJARAT PANCHAYATS ACT, 1993, 1993 suspending the petitioner and also the order passed by the Revisional Authority, State Government i.e. Addl. Development Commissioner dated 29.3.2004 in dismissing the same and confirming the order passed by the District Development Officer dated 11.2.2004.

(2.) The petitioner was the Sarpanch of Piploi Village Gram Panchayat. He was also serving as a Secretary of Piploi Village Gram Panchayat. He was also serving as a Secretary of Piploi Cooperative Society. That a criminal case being C.R.No.158 of 2002 came to be filed against one Munawarkhan Pirkhan Pathan, Clerk of Piploi Cooperative Society for the offences punishable under Section 4O8 of the Indian Penal Code. During the course of investigation, it was found by the Investigation Officer that the petitioner who was serving as a Secretary of the said society was also involved in the same case by which a misappropriation of Rs.2,53,398.75 ps. is alleged. The petitioner came to be arrested and was in judicial custody for 4 days. As it was found by the District Development Officer, Anand that a criminal case is constituted against the petitioner for the offences involving moral turpitude and that he was in judicial custody, proceedings under Section 59 of the Gujarat Panchayat Act (hereinafter referred to as the "Act") came to be initiated by him. A show cause notice was issued upon the petitioner dated 24.1.2003 under Section 59(1) of the Act directing the petitioner to show cause why the petitioner should not be suspended under Section 59 of the GUJARAT PANCHAYATS ACT, 1993 as the petitioner is involved in a case for the offence involving moral turpitude. In the show cause notice itself, it is stated that the petitioner was arrested on 23.11.2002 and that he was in judicial custody upto 28.11.20O2. After hearing the petitioner, the District Development Officer, Anand by its order dated 11.2.2004 passed an order of suspension under Section 59(1) of the GUJARAT PANCHAYATS ACT, 1993 holding that the petitioner is involved in a criminal case for the offence Involving moral turpitude and It Is not proper to continue the petitioner to hold the post of Sarpanch.

(3.) That being aggrieved and dissatisfied with the order passed by the District Development Officer, Anand dated 11.2.2004, the petitioner preferred Revision Application before the Additional Development Commissioner, State of Gujarat, Gandhinagar. At the time of hearing of the revision application it was contended on behalf of the petitioner that the petitioner was also serving as a Secretary of the society and was removed from the post of Secretary on the basis of the said criminal case. However, subsequently by order dated 10.4.2003, the order passed by the District Registrar removing the petitioner as a Secretary has been set aside by the Deputy Secretary (Appeals), Agriculture and Cooperation Department in which it Is held that prima facie, there is no case of misappropriation and It is a case of recovery only and that criminal case is pending against the petitioner with regard to misappropriation and the investigation is going on and the case is not finally decided and that the society has taken written admission of guilt by force and coercion and therefore, it was requested that as the petitioner Is exonerated by the Revisional Authority i.e. the Deputy Secretary (Appeals), Agriculture and Cooperation Department, Gandhinagar, the order of suspension passed against the petitioner under Section 59(1) Is not warranted and requested to quash and set aside the same. The Additional Development Commissioner, State of Gujarat, Gandhinagar by its judgment and order dated 13.7.2003 partly allowed the revision application quashing and setting aside the order passed by the District Development Officer, Anand dated 19.5.2003 remanding the matter to the District Development Officer, Anand for deciding the same afresh considering the latest position and the order passed by the Deputy Secretary (Appeals), Agriculture and Cooperation Department, Gandhinagar dated 10.4.2003.