A K SHIVHARE Vs. STATE

JUDGEMENT

(1.) THIS contempt petition has been registered under the direction of the Court against the respondent A.K. Shivhare, who was earlier posted as Collector, Datia.

(2.) BRIEF facts of the case are that one Prayag Singh was working as Panchayat Secretary Gram Panchayat Hetampura. There were some complaints against him for misuse of power and funds of Gram Panchayat, taking bribe and committing serious financial irregularities. Therefore, on 7.10.2006 a resolution was passed by the whole body of Gram Panchayat that his continuation on the post of Secretary is not in the interest of Panchayat. The complaints were also enquired by the Chief Executive Officer, Janpad Panchayat, Seondha, but due to connivance between the officers, CMO Janpad Panchayat and Panchayat Secretary no action was taken against him and Collector was also not removing him from the post of Panchayat Secretary. Therefore, it was resolved by Gram Panchayat that his services be dismissed. Thereafter, Sarpanch and Up -Sarpanch also made complaints to the Collector Datia that Prayag Singh is trying to involve them in criminal cases and threatening them. In the enquiry conducted by the Chief Executive Officer, Janpad Panchayat, Seondha, Panchayat Secretary was found guilty of various charges but no action was taken against him except minor action of suspending his power as Panchayat Secretary on 30.12.1996. Therefore, the Gram Panchayat filed writ petition in the High Court on 21.12.2006, which was registered as Writ Petition No. 6597/ 06. In the petition a prayer was made that the resolution of the Panchayat be carried out and action be taken against respondent No. 5, against whom serious allegations of financial irregularities have been made. By order dated 10.1.2007 Writ Petition No. 6597/06 was disposed of and a direction was given to the Collector to look into the matter and take appropriate action within a period of one month from the date of receipt of the order.

(3.) WHILE hearing Writ Appeal No. 273/07 it was argued by the learned Government Advocate that after the order dated 5.2.2007 an enquiry was conducted by the Sub -Divisional Officer against the aforesaid Secretary on 28.8.2007 in which it was found that the said Secretary has committed various financial irregularities and action is being taken against him. Even after the aforesaid enquiry the said Secretary was not removed from the post of Secretary and Collector was regularly protecting such an officer. The conduct of the Collector was prejudicial to the interest of the Panchayat. Therefore, on 29.11.2007 the Division Bench of this Court held that the conduct of the Collector was contrary to the order dated 10.1.2007 passed by writ Court in Writ Petition No. 6597/06 and Collector has violated the orders, thus, a direction was given to register a suo motu contempt petition against the Collector, Datia