REKAPALLI KRISHNA VASU Vs. STATE OF A P

JUDGEMENT

(1.) This writ petition is filed by Rekapalli Krishna Vasu with a prayer to issue writ of certiorari or order or direction in the nature of a writ calling for the records resulting in the impugned order dated 4-7- 2005 in G.O. Ms. No. 1229 of Panchayat Raj and Rural Employment, PTS-II, Department and set aside the same as arbitrary, discriminatory and violative of Article 14 of the Constitution of India and principles of natural justice.

(2.) Smt. B. Kamala Kumari, the 6th respondent was elected as Sarpanch of Pamarru Gram Panchayat and she assumed charge as such on 23-8-2001. The Tax Payers and Town Development Society submitted a complaint dated 25-7-2003 to various authorities including the District Collector, (Panchayat Division) Machilipatnam, Krishna District-3rd respondent complaining misuse of Gram Panchayat funds and incurring expenditure contrary to the rules by the 6th respondent. A writ petition being W.P. No.23070 of 2003 came to be filed by the Tax Payers and Town Development Society seeking a direction to the District Collector-3rd respondent to take action on the complaint presented by it against the 6th respondent as per the provisions of A.P. Panchayat Raj Act, 1994 (for short 'the Act' for brevity). An interim order dated 3-11-2003 came to be passed in the said writ petition restraining the State Bank of India from permitting the 6th respondent to operate bank account without the counter signature of the District Panchayat Officer. The District Collector- 3rd respondent instructed the Divisional Panchayat Officer, Gudivada 4th respondent to conduct an enquiry into the several allegations made against the 6th respondent and submit a report. Accordingly, the Divisional Panchayat Officer submitted report and thereupon, the District Collector exercising powers under Section 249(1) of the Act issued show-cause notice to the 6th respondent as to why she cannot be removed from the post of Sarpanch of Gram Panchayat. The 6th respondent submitted explanation and the District Collector requested the Divisional Panchayat Officer to verify the explanation and offer his remarks. The Divisional Panchayat Officer submitted his remarks on 17-11-2004. After considering the explanation of 6th respondent and the remarks submitted by the Divisional Panchayat Officer, Gudivada, the District Collector proceeded to pass orders exercising powers conferred under Section 249(1) of the Act and removed the 6th respondent from the post of Sarpanch of Pammaru Gram Panchayat and directed the 6th respondent to handover official responsibility and records to the temporary Sarpanch petitioner herein. The 6th respondent filed an appeal being Appeal No.14089/CPR/D1/2004, before the Commissioner Panchayat Raj and Rural Development, Hyderabad. The appellate authority set aside the order of the District Collector on the ground of non-furnishing copy of the Enquiry Report of the Divisional Panchayat Raj Officer, Gudivada, to the 6th respondent and remitted back the matter to the District Collector for supplying the Enquiry Report and take further action in accordance with the provisions of the Act. The writ petitioner questioned the order passed by the appellate authority by Tiling revision before the Government. The Government issued interim stay under Memo No. 2904/Pts.n/A1/2005-1, dated 2-3-2005 of the operation of the order passed by the appellate authority. The petitioner filed W.P. No.8235 of 2005 assailing the Memo No.2904/Pts.n/A1/2005-1, dated 2-3-2005 whereunder the Government granted stay of the order passed by the appellate authority pending revision. The said writ petition came to be disposed of with a direction to the Government to dispose of the revision within two weeks from the date of receipt of a copy of the order. In pursuance of the direction given by the High Court in the above writ petition, the Government disposed of the revision confirming the order issued in Appeal No.14089/CPR/D1/2004, dated 11-2-2005 and vacated the stay order vide G.O. Ms. No. 1229 dated 4-7-2005. Hence, this present writ petition.

(3.) The 6th respondent filed counter- affidavit. It is stated in the counter-affidavit that the District Collector-3rd respondent without independent application of mind has passed the removal order dated 30-11-2005 and therefore, the order passed by the appellate authority remitting back the matter to the District Collector for fresh disposal is legal and proper. I deem it appropriate to refer Paras 14 and 15 of the counter-affidavit and they are thus: "I submit that basing on the said illegal reports the third respondent District Collector had issued a Show-Cause Notice dated 18-8-2004. I have submitted a detailed explanation to the said Show Cause Notice stating all the facts. I have also specifically contended that I have not misappropriated any amounts and all acts have been done with the prior approval of Panchayat Board. Surprisingly, the 3rd respondent District Collector instead of examining the explanation himself had directed the Divisional Panchayat Officer to examine my explanation and submit a report. The Divisional Panchayat Officer without any authority under the Act is stated to have submitted a Report dated