DHILAJI PUNJAJI THAKOR Vs. STATE OF GUJARAT

JUDGEMENT

(1.) The brief facts of the case are that the petitioner is a Sarpanch of the Sherisa Gram Panchayat. On 20.6.1998 the then District Development Officer of the District Panchayat, Mehsana issued a show cause notice to the petitioner containing the charges against him therein. On 31.7.1998, the petitioner submitted a detailed reply to the said show cause notice. It is the case of the petitioner that the District Development Officer, District Panchayat, Mehsana after considering the reply filed by the petitioner was satisfied with the reply and the show cause notice was withdrawn. After transfer of the earlier officer, the officer, who has taken over, has given a show cause notice dated 10.12.1998 to the petitioner. The petitioner filed his reply to that show cause notice on 4.1.1999. It is the grievance of the petitioner that the second show cause notice has been given in respect of the some charges, which were the subject matter of the first show cause notice. The petitioner having the apprehension of his removal from the office of the Sarpanch, filed this special civil application before this Court.

(2.) The learned counsel for the petitioner contended that the second show cause notice for the same charges for which earlier show cause notice has been given and the same has been dropped, is illegal. It has next been contended that the respondent-District Development Officer is bent upon to harassing the petitioner by removing him from the office of the Sarpanch and his proceedings, which have been initated by this second show cause notice is only eye wash, otherwise the decision has already been taken by the authority to remove the petitioner from the office of the Sarpanch. Lastly, it is contended that in the identical matter, this Court has protected the petitioner therein, the reference in this respect has been made to the order of this Court dated 29.4.1998 in Special Civil Application No. 3152/98.

(3.) I have given my thoughtful consideration to the submission made by the learned counsel for the petitioner.