ASHA DWIVEDI Vs. SUB-DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioner was elected as Sarpanch of Gram Panchayal Odgadi, Block Deosar, District Sidhi. She was served with a show cause notice on allegations of certain financial irregularities, for her removal under Section 40 of the M. P. Panchayat Raj Adhiniyam (for short 'the Act' ). Under Section 39 ( l) (b) the prescribed authority has power to place an office bearer of Panchayat under suspension if he has been served with a notice along with a charge sheet to show cause for removal under Section 40 of the Act. The relevant Section 39 (I) (b) and (2) as is stood then reads as under:

(2.) IN exercise of powers under Section 39 (l) (b) by impugned order (Annex. P. 5) dated 17-6-1997 the petitioner was placed under suspension pending enquiry into show cause notice issued for her removal under Section 40. The order of suspension passed under Section 39 (1 ) (b) is required to be reported to the State Government within 10 days of its making and has to be confirmed by the State Government within 90 days from the receipt of the report, failing which the suspension order is deemed to be vacated.

(3.) ACCORDING to the petitioner the order of suspension was not reported within 10 days of its making. In any case by impugned order dated 29-9-1997 (Anncxure. P. 10) the State Government has confirmed the same.