DEVSHIBHAI BHOVANBHAI KACHIYA Vs. DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) BY the present petition filed under Article 226 / 227 of the Constitution of India, the petitioner has challenged the order dated 30.06.2014 passed by respondent no.1 and the order dated 03.12.2013 passed by respondent no.2.

(2.) BY order dated 03.12.2013, respondent no.2 removed the petitioner from the Office of Sarpanch under Section 57 of the Gujarat Panchayat Act, 1993 (for short 'the Act'). Such order of removal came to be confirmed by the Appellate Authority vide order dated 30.06.2014.

(3.) MS . Sangeetha Pahwa, learned advocate appearing for the petitioner submitted that on more than one grounds including ground as regards breach of principles of natural justice, the impugned order cannot sustain. Ms. Pahwa submitted that for the works carried out by the Panchayat, the petitioner followed proper procedure i.e. getting resolution passed in the Panchayat etc. and also works were duly completed and there is no question of making payment of Rs.2,64,680/ against the work stated to be completed of only Rs.1,07,000/. Ms. Pahwa submitted that respondent no.2 though relied on report of Officer appointed by T.D.O., however, the petitioner was not given copies of reports and thus, the petitioner had no opportunity to deal with reports submitted in respect of works carried out in the Panchayat.