KANAKLATA MALLICK Vs. COLLECTOR KENDRAPARA

JUDGEMENT

(1.) The petitioner, who is the Sarpanch of Kaopada Grama Panchayat challenges the order of suspension passed against her by opposite party No.1, the Collector, Kendrapara.

(2.) The short fact of the case is that she was elected as a Sarpanch of Kaopada Gram Panchayat under Derabis Block on 22-1-1997. While continuing as such, it is alleged that with vindictive attitude and for politicial reasons she has been put under suspension on false and motivated allegations by the order of the Collector dated 30-10-2000 on the pressure of the local M.L.A. who belongs to the present Ruling B.J.D. party. It is asserted that it is not the function or duty of a Sarpanch to identify the persons nor any person for distribution of money under O.A.P.W.P. Programme and as such, if any person has been wrongly identified, as alleged no offence is committed by her, calling for an order of suspension in exercise of the powers vested under Section 115 of the Orissa Grama Panchayat Act (hereinafter called 'the Act'). It is further stated that the persons /officers, who have defulcated the old age pension and widow pension are already prosecuted criminally as per the F.I.R. lodged by the Block Development Officer, inasmuch as the records are maintained and distribution of pension is made by the concerned officials and, therefore, she is not involved in the transactions as alleged.

(3.) Opposite parties 1 and 2 have filed a counter-affidavit refuting the allegations made in the writ petition. It is stated that the petitioner has been suspended basing on the enquiry report of the Sub-Collector, Kendrapara as required under Section 115(1) of the Act. On receipts of allegations of fradulent identification of persons as beneficiaries of old age and widow pension, of persons who are already dead against the petitioner filed by Laxmidhar Mohanty and others, opposite party No.1 directed the Sub-Collector in D.O. letter dated 19-8-2000 to conduct an enquiry about the allegations levelled against the petitioner-Sarpanch. The enquiry report submitted by the Sub-Collector Kendrapara has been annexed as Annexure-2 to the counter-affidavit. The opposite parties have taken the positive stand that it was the duty of the Sarpanch to present and to identify the person for distribution of money under old age pension and widow pension programme. The Government in Social Welfare Department in their letter No.4125 SPR dated 29-3-1993 have issued instruction to all the Block Development Officers with regard to the system of distribution of old age pension and widow pension. It has been instructed in the letter that the respective Sarpanch or Member of Panchayat Samiti or Vice Chairman of Panchayat Samiti have been requested to be present at the time of disbursement to identify the benefitificaries. The Block Development Officer Derabis requested the petitioner Sarpanch and the Secretary of the concerned Grama Panchayat at different points of time for identification of the beneficiaries at the time of disbursement of the pension. Since the Sarpanch is the people's representative at the grass-root level, she is only competent to identify the persons. On enquiry, the Sub-Collector found that the amount towards old age pension and widow pension has been paid in the names of dead persons long after their death on the basis of the identification made by the petitioner and as such, was fully responsible for the misappropriation along with and in connivance with others. After receipt of the enquiry report from the Sub-Collector, on consideration and in view of the nature of allegations, the petitioner was put under suspension in accordance with Section 115(1) of the Act. It is further alleged in the counter-affidavit that the petitioner after coming to know about the enquiry, she and her husband gaining over the watchman of Derabis Block tried to set fire the concerned file and damaged the evidence of false identification made by the petitioner under her signature in the Acquaintance Registrar. The matter was enquired into by the Police, which prima facie reveals Involvement of the petitioner's husband and as such he has been arrested in G.R. Case No.708 of 2000, Inasmuch as the night watchman made a confession before the Enquiring Officer to that effect. It is further averred that on the basis of the F.I.R. lodged by the Block Development Officer, Criminal prosecution has been started against the petitioner and is pending Investigation. It is submitted that in view of the aforesaid conduct of the petitioner and the enquiry report of the Sub-Collector, the Collector being satisfied that the continuance of the petitioner as the Sarpanch is detrimental to the interest of the Grama Panchayat has passed the order of suspension and no illegality is committed thereby.