SATYASHEEL SAHU Vs. ADDITIONAL COMMISSIONER, JABALPUR AND OTHERS

JUDGEMENT

(1.) HEARD Shri Sushil Mishra, Learned Counsel for the petitioner on the question of admission and interim relief. The petitioner who is the Sarpanch of Gram Panchayat Tinsi, Janpad Panchayat, Jabalpur, District Jabalpur has filed this petition being aggrieved by order dated 14.05.2012 passed by the respondent no. 3 suspending the petitioner under the provisions of section 39(1) of the M.P. Panchayat Raj Avam Gram Swaraj, Adhiniyam, 1993 on account of the fact that the charge sheet has been filed against the petitioner before the Special Magistrate (SC/ST), Jabalpur for alleged offence under section 306 read with section 34 of the I.P.C. as well as under the provisions of Scheduled caste and Schedules Tribes (Prevention of Atrocities) Act, 1989. The appeal filed by the petitioner against the order of the S.D.O. has been dismissed by the Collector which order has been affirmed by the Commissioner in the revision. Both the aforesaid orders dated 25.05.2012 and 31.07.2012 have also been assailed by the petitioner in the present petition.

(2.) IT is submitted by the Learned Counsel for the petitioner that the petitioner was required to be given a show cause notice before being suspended and in the absence of the same, the impugned order deserves to be quashed.

(3.) I have heard the Learned Counsel for the petitioner at length.