NUTAN KUMAR ROUT Vs. STATE OF ORISSA

JUDGEMENT

(1.) The Petitioner contested the election to the office of the Sarpanch of Dorada Grama Panchayat under Athagarh Block in the district of Cuttack and was declared elected having polled majority of valid votes in his favour. It is alleged by the Petitioner that a false allegation was leveled against him about demand of bribe of Rs. 3500/- from one Akhaya Kumar Lenka, who with a pre-plan came with the vigilance officials to the Petitioner on 23.1.2008 along with the amount of Rs. 3500/- and the vigilance officials prepared a detection report with the allegation that the Petitioner accepted the said amount on demand from Shri Lenka for passing his bill for a contract work. According to the Petitioner, the said Akhaya Kumar Lenka is a supporter of the local M.L.A., who belongs to the rival political group of the Petitioner. It has been further averred that by the date when such allegation was leveled against the Petitioner, all the bills of the said Shri Lenka were already passed and the detection report was clearly motivated with mala fide to suspend the Petitioner. The Petitioner has been released on bail in the said vigilance case. Charge-sheet is yet to be submitted in the said case. On the basis of the detection report, the Government passed an order on 23.2.2008 suspending the Petitioner from the office of the Sarpanch. The order of the Government dated 23.2.2008 as at annexure-5 was communicated to the Petitioner, drawing up a proceeding initiated against him under Section 115(1) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as 'the Act') and simultaneously placing him under suspension by exercise of power under Sub-section (2) of Section 115 of the said Act, calling upon him to file a show cause. The charge leveled against the Petitioner was annexed to the said order. Charge framed was as follows:

(2.) The Petitioner challenged the said order of suspension before this Court in W.P. (C) No. 3275 of 2008. During course of hearing of the said writ petition, it was submitted on behalf of the Petitioner that he has moved the Secretary, Panchayati Raj Department, Government of Orissa for revocation of the order of suspension on 25.2.2008 vide Annexure-3 to the said writ petition. Since there is an option for the suspending Sarpanch to move the State Government under Sub-section (3)(a) of Section 115 of the Act for revocation of the order of suspension, this Court disposed of the said writ petition directing the opp. party No. 1 to dispose of the petition said to have been filed by the Petitioner as expeditiously as possible preferably within a period of two months from the date of communication of the said order, if the same has not been disposed of as yet. The Petitioner also states that he has filed a show cause reply pursuant to the notice dated 25.2.2008. Even after disposal of the said writ petition as no action was taken by the Government, the Petitioner again approached this Court in W.P.(C) No. 18274 of 2008 challenging the order of suspension passed against him. This Court by order dated 28.1.2009 did not interfere with the order of suspension of the Petitioner, but considering the submission that no action is being taken with regard to the proceeding initiated against him, directed the concerned authority of the State to complete the proceeding initiated against the Petitioner within a period of two months from the date of production of the certified copy of the said order before the concerned authority of the State, by the Petitioner. Pursuant to the said order passed by this Court, the matter was taken up by the Government, which has culminated in the impugned order under Annexure-1 to the writ petition, removing the Petitioner from the office of the Sarpanch, which is as follows:

(3.) The Petitioner being aggrieved by the said order has approached this Court in the present writ petition for issuance of a writ of certiorari to quash the said order and for issuing other appropriate directions.