SK KAUSAR ALI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Heard the submission of the learned Advocate for the petitioner, Mr. Sadamanda Ganguli appearing with the learned Advocate, Mr. Prahlad Chandra Ghose. Considered the materials on record.

(2.) The present writ petition is directed against an order of suspension of the Prodhan of Paranpur Gram Panchayat under Ratua-II in the district of Malda, as in annexure 'C' to the writ petition, passed by the prescribed authority under section 243 B of the West Bengal Panchayat (Amendment) Act, 1994, who is the Sub-divisional Officer (Sadar), Malda.

(3.) The background of the case is that there were some allegations of misappropriation of money, criminal breach of trust and gross negligence of duties. Thereafter, under the order of the Assistant Director of Panchayat, Government of West Bengal, as was directed by the Memo. No. 195/DP/4-C. 12/95 dated 12.1.96, enquiries were made by the District Panchayat Officer, Malda, in presence of the B.D.O., Ratua-II Block, on 30th May, 1996, 5th May, 1996 and 6th June, 1996. Thereafter, a notice to show cause was served upon the petitioner and the notice is dared 17th September, 1996, being annexure 'A' to the Writ petition. The petitioner showed cause on 23rd October, 1996, annexure 'B' to the writ petition, and then the order of suspension was passed. The petitioner preferred an appeal against the order of suspension before the District Magistrate, Malda, on 13th November, 1996, being annexure 'D' to the writ petition, and the learned District Magistrate by his initial order dated 26th December, 1996, while admitting the appeal, granted stay. The stay order is at annexure 'E' to the writ application. The petitioner was also directed by the said District Magistrate to appear before him on 16th December, 1996 at 11-30 A.M. for the purpose of hearing the appeal. That order is at annexure 'F' to the writ petition. Ultimately the appeal was heard by the learned Additional District Magistrate. Malda, on 3rd January, 1997 (Annexure 'G' to the writ petition) and the learned Additional District Magistrate confirmed the order of suspension. In this background the present writ petition has been filed.