JANAGAMA SHANKARAIAH Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) In this writ petition, the petitioner has challenged the validity of the order, dated 8th June 2010, passed in Proceedings No. A6/2440/10-Panch, by the 2nd respondent-District Collector, in exercise of powers under Section 249(6) of A.P. Panchayat Raj Act, 1994. By the aforesaid order, the petitioner is suspended from the post of Sarpanch of Kataram Grampanchayat, for a period of three months, pending investigation into the allegations made against him.

(2.) The Kataram Grampanchayat is a body constituted under the provisions of the A.P. Panchayat Raj Act, 1994. The petitioner was elected as Sarpanch of the said Grampanchayat on 29.07.2006. There were certain complaints made against him with regard to misuse of his powers and misappropriation of funds of the Grampanchayat. Several allegations are made against the petitioner mainly on the ground that he has incurred the expenditure on various accounts without recording the said works in the Measurement Book, without any resolution of the Grampanchayat, and also without administrative sanction. It is also alleged that the petitioner was granting permits without collecting the necessary charges from the applicants and he has also not produced the vouchers and bills for the expenditure, which he has incurred.

(3.) Basing on the aforesaid allegations, at first instance, a show cause notice was issued to the petitioner vide Notice, dated 23rd of June 2008, issued in Proceedings No. A6/2440/08-Panch, by giving details of the alleged misappropriated amounts and mentioning the other charges of misuse of his powers as the Sarpanch of Grampanchayat. For the aforesaid show cause notice, the petitioner has submitted his explanation, dated 17.072008. After filing of explanation by the petitioner, a further report was called for from the Divisional Panchayat Officer and on considering the explanation filed by the petitioner and the report of the Divisional Panchayat Officer, having come to the conclusion that the petitioner has misappropriated an amount of Rs. 2,11,964/-, and by recording a further finding that he has issued permits contrary to the Rules and thus violated the provisions of the A.P. Panchayat Raj Act, 1994, he is placed under suspension for a period of three months.