SARITA MABRE Vs. STATE OF M.P.

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution of India, the petitioner cha11enges the Correctness, validity and property of the order dated 22.6.96 (Annexure P/15), under which the petitioner has been placed under suspension.

(2.) ACCORDING to the petitioner show cause notice dated 23.11.95 (Annexure p/13) was served upon the petitioner. In the said show cause notice, certain allegations were made against the petitioner and she was informed that the petitioner should show cause as to why proceedings under Section 39 and 40 of M.P. Panchayat Raj Adhiniyam, 1993 be not taken against her. According to the petitioner, she filed her reply on 5.12.95. During the pendency of the proceedings before the Sub - -Divisional Officer, order dated 22.6.96 (Annexure p/15) was passed by the S.D.O. The petitioner submits that the order Annexure p/15 is per -se illegal because there was no compliance of the provisions of Section 39 of the Act and unless a show calise notice along -with the charge -sheet under the Act for removal of the petitioner is not served, the petitioner could not be suspended. She also submits that the order Annexure p/15 falls short of the legal requirements and does not meet the standard of Section 39. She submits that the order of suspension Annexure p/15 deserved to be quashed.

(3.) SECTION 40 of the Act provides as under : -