GULAM RASULKHAN KASAMKHAN BELIM Vs. MAMLATDAR - MANGROL

JUDGEMENT

(1.) The present petition was originally filed and numbered as Appeal from Order No. 218 of 2000. However, as per the order passed by brother Justice K.S.Jhaveri,J dated 22.2.2005, it was converted into a Special Civil Application / Writ Petition, and therefore, it has been numbered as such.

(2.) The present petition has been filed by the petitioner who was a Surpanch of the Nandarkhi Gram Panchayat, challenging the order passed by the Mamlatdar, Mangrol in Revenue Panchayat Case No. 2 of 1993 dated 13.6.1994 and also Civil Misc. Application No. 179 of 1998 passed by the Second Joint District Judge, Junagadh dated 13.3.2000 on the grounds inter alia that both the authorities have erred in dealing with the present Appellant in holding that the appellant had misappropriated the funds to the tune of Rs.38,000/-.

(3.) The facts of the case briefly summarised are that the appellant was the Surpanch of Nandarkhi Gram Panchayat and during his tenure of office as Surpanch of Nandarkhi Gram Panchayat it was alleged that he has acted illegally and mismanaged the funds of Panchayat and also misappropriated the funds. Therefore, the complaints / applications were made, pursuant to which, the Mamlatdar, under the provisions of Gujarat Panchayat Act, initiated aforesaid case being Panchayat Case No. 2 of 1993 and a show cause notice dated 30.11.1993 was issued to him. The main allegation was that, in constructing the surrounding wall to the Id Masjid, illegal gratification was obtained and / or he has misappropriated the amount. The witnesses were examined and thereafter the Mamlatdar in aforesaid Panchayat Case No. 2 of 1993, vide order dated 13.6.1994 decided against the petitioner holding that he has been guilty for the misappropriation and the irregularities, directing to deposit the amount with the Panchayat failing which it was also directed the same to be recovered as arrears of revenue. It is against that the petitioner sought to prefer Misc. Civil Application No. 126 of 1995 which was dismissed for default. Thereafter another Misc. Civil Application No. 167 of 1997 was filed for restoration with a condonation of delay and the same was granted by the learned Joint District Judge, Junagadh vide order dated 8.12.1998. Thereafter another Misc. Civil Application No. 179 of 1998 was filed for restoration of the Misc. Civil Application No. 126 of 1995 and as per the order dated 13.3.2000 passed by the learned Second Joint District Judge, Junagadh, after issuing a notice to the Opponent, came to be dismissed.