HARISHANKAR PATEL Vs. STATE OF M P

JUDGEMENT

(1.) APPELLANT, the writ petitioner being aggrieved by order dated 20-2-1998 passed by a learned Single Judge of this Court in Writ Petition No. 4049/95 under Article 226 of the Constitution of India, has preferred this appeal under Clause X of Letters Patent of the Court. By the said order, learned Single Judge has dismissed his writ petition.

(2.) APPELLANT was a Sarpanch of Gram Panchayat Moha Putka and by show-cause notice dated 19-4-1995 (Annexure P/4 of the Writ Petition) he was asked to show cause as to why he be not removed from the office of the Sarpanch of the Gram Panchayat. Later on, by order dated 17-7-1995, in exercise of the powers conferred under Section 39 (1 ) (b) of the M. P. Panchayat Raj Act, 1993, he was put under suspension with immediate effect. Appellant challenged the same and prayed for quashing of the aforesaid orders by filing a writ petition which as stated earlier, has been dismissed by the learned Single Judge. It is relevant here to state that while issuing the show-cause notice under Section 40 (1) of the M. P. Panchayat Raj Act, 1993 (hereinafter referred to as an Act), instances have been enumerated about the misconduct committed by the appellant in the discharge of his duties and in the said order itself, appellant was asked to submit his cause by 8-5-1995.

(3.) IT was contended by the appellant before the learned Single Judge that the show cause notice and the charge sheet as contemplated under Section 40 of the Act being composite, same does not fulfil the requirement of Section 39 (1 ) (b) of the Act which inter alia provides for service of notice along with the charge sheet. Learned Single Judge negatived the aforesaid submission of the appellant and held as follows :