SURATHA SAHOO Vs. STATE OF ORISSA

JUDGEMENT

(1.) AS per the writ petition, the petitioner was elected as Sarpanch of Daspur Gram Panchayat under Golamunda Block of Kalahandi District in the year 2008 and assumed charge of the office. While continuing as such, he contested for the seat of M.L.A. of 78 Junagarh Assembly Constituency. Being envious, some miscreants falsely alleged before the Chief Electoral Officer that he withdrew Rs.3,50,000/ - from NREGS fund and utilized the same in his election campaign. Pursuant to it, the Chief Electoral Officer directed the returning officer to cause an enquiry. Accordingly, the Returning Officer enquired into the matter and submitted his report to the Collector -cum -District Election Officer, Kalahandi on 10.4.2009. As per the report, the petitioner had been executing NREGA works and handling cash directly and at the time of enquiry he had kept Rs3,50,000/ - with him in the name of labour payment, which he was not authorized to do.

(2.) ACCORDING to the petitioner, the allegations are totally false and fabricated.The Sarpanch cannot withdraw the money. The money can be withdrawn by the instruction of B.D.O. and the Executive Officer of the Gram Panchayat is responsible for the same. The money is directly transferred to the account of beneficiaries. On the aforesaid false allegations, without making proper inquiry as required under law, the Government in Panchayat Raj Department vide letter dated 11.4.2009, called upon the petitioner to show cause, within 30 days from the date of receipt of the notice, as to why action as deemed proper would not be taken against him in accordance with law. Simultaneously, in purported exercise of powers conferred under Sub -Section @ of Section 115 of the Orissa Gram Panchayat Act, 1964 (hereinafter called as the Act) the government in Panchayat Raj Department placed the petitioner under suspension with immediate effect. On the same date, Collector, Kalahandi also withdrew the financial power of the petitioner with immediate effect. Being aggrieved with the order of suspension and withdrawal of his financial power, the petitioner filed the present writ petition.

(3.) ANNEXURE -A/3 shows that the petitioner admitted to have received Rs.3,50,000/ - from the Gram Panchayat Fund to make payment to the labourers. In this writ petition, the petitioner stated that under NREGS Scheme the money is directly transferred to the accounts of the beneficiaries. So, now he can not say that he legally withdrew the money for payment of the labourers. It transpires from the enquiry report (Annexure D/3) that the Ex -Secretary and Ex. Executive Officer Daspur Gram Panchayat stated before the enquiry officer that first the petitioner used to take the file to Block Development Officer for counter signature and after obtaining his signature intimidate them to sign on the cheques.