CHETANBHAI VIRJIBHAI DHAMECHA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) THIS Appeal is directed against the judgment and order dated 11th August 2008 of the learned Single Judge dismissing the petition in which the appellant had challenged the order dated 7th June 2008 of the District Development Officer, Surendranagar District, removing the appellant from the office of Sarpanch of Village Kankavati in Surendranagar District under Section 57(1) of the Gujarat Panchayats Act, 1993 (hereinafter referred to as "the Act"), which order was confirmed by the Additional Development Commissioner on 21st July 2008.

(2.) THE charge against the petitioner was that he had withdrawn a sum of Rs.9,000/ - from the account of the Panchayat, out of which Rs.3,650/ - was paid towards previous outstanding of the Panchayat without following proper procedure. It was further alleged that the remaining amounts were paid towards bills dated 7th April 2007 and 31st May 2007, for which rates were called for on 30th May 2007 and 31st May 2007. The rates of all the parties were identical and signatures and dates were not put on such quotations. It was, therefore, alleged that the appellant had collected the quotations after spending the amounts and thereby committed financial irregularities. It was also alleged that, when District Development Officer visited Panchayat Office on 5th June 2007, it was found that the quotations were not on record and the same could not be produced, and that, after the Taluka Development Officer presented the report, the quotations were later on created.

(3.) THE petitioner replied to the show cause notice and submitted that there were no financial irregularities; that the Talati cum Mantri had not brought the correct procedure to his notice and that if at all there were any mistakes, they were of the nature of procedural mistakes. The District Development Officer passed the order of removal on 7th June 2008, which came to be confirmed by the Additional Development Commissioner in appeal on 21st July 2008.