POPATBHAI M BHATIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Petitioner, Talati -cum -Mantri at the relevant time, has filed this petition seeking two prayers. First is to set aside an order of suspension dated 03.04.2000 as at Annexure -C to the petition issued by the Deputy District Development Officer, Junagadh. The second prayer is with respect to declaration of his arrest by the authorities as illegal and for payment of special cost towards compensation.

(2.) The petitioner was discharging his duty as Talati -cum -Mantri where he was first transferred from Taluka Una to Taluka Kutiyana under order dated 14.06.1999. He was later on transferred under order dated 05.07.1999 from the said place to Kheda -Sejaliyala. The later order of transfer the petitioner challenged by filing SCA No.34 of 2000 and the learned Single Judge by order dated 08.02.2000 stayed the same.

(3.) Be that as it may, the Deputy District Development Officer passed impugned order dated 03.04.2000 placing the petitioner under suspension on the ground that while under transfer from Taluka Una, he was relieved on 17.06.1999. The petitioner, however, did not hand over Government records which were in his possession concerning Kheda -Sejaliyala Group Gram Panchayat to another Talati -cum -Mantri. He retained such record with himself and left for joining Kutiyana along with such record. On account of such act on part of the petitioner, the administration of the concerned Gram Panchayat under Taluka Una is completely stalled. The District was facing water scarcity. The entire administration is geared for facing such challenge. In view of such scarcity situation, the prime aim of the administration is to provide employment to the people. The Government has undertaken various employment oriented schemes. The Government has also framed scheme for allotment of lands and assistance for building house on such lands. In absence of the Government record, the petitioner has taken the entire Panchayat administration on ransom. The petitioner was also served several reminders, despite which he did not hand over such records. He was, therefore, placed under suspension by the said authority in exercise of statutory powers under the Panchayats Act.