SUNITA NAIK Vs. STATE OF ODISHA

JUDGEMENT

(1.) The petitioner, by filing this writ application, has prayed for quashment of an order dated 08.11.2019 of the Government in the Department of Panchayati Raj and Drinking Water under Annexure-1 as to the suspension of the petitioner, who is the elected Sarpanch of Badbanga Grama Panchayat under Lephripada Block in the district of Sundargarh.

(2.) Brief facts necessary for the purpose are as under:- The petitioner being the elected Sarpanch of Badbanga Grama Panchayat had been in the office and discharging her duty as such since her assumption of the charge of the office after election. The petitioner, having received the above letter under Annexure-1, submitted her explanation on 15.11.2019. It is stated that she has not signed the cheques for withdrawal of Rs.65,000/- and her signatures have been forged and it is that Ex-PEO, who has done all these acts.

(3.) The opposite party nos. 3&5 in the counter have stated that upon on enquiry made by the Sub-Collector, Sadar, Sundargarh has given the report that the amount in two phases i.e., Rs.25,000/- and Rs.40,000/- have been withdrawn by two cheques jointly signed by the petitioner and that Ex-PEO and accordingly, the report having been submitted to the Collector, Sundargarh under Annexure-A, the Collector having reported the matter, the petitioner has been rightly put under suspension in exercise of the power under sub-section-2 of section 155 of the Gram Panchayat Act pending enquiry for action under sub-section-1 of section 115 of the G.P. Act.