KASTESWAR KHATUA Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD .

(2.) PETITIONER ventilates his grievance against Annexure -1. i.e. the order of removal of the petitioner from the post of Sarapanch, Tikarapada Grama Panchayat under Section 26 (2) of the Orissa Grama Panchayat Act, 1964 (in short, 'the Act'). The detailed order is Annexure -B/1, which has been filed by the Collector.

(3.) SINCE the Collector wanted to base his finding and the conclusion on the basis of such evidence, i.e., the report of the Sub -Collector and the statement of the Doctor etc., therefore, in the interest of justice, he should have afforded an opportunity to the petitioner to cross -examine the witnesses whose report or statement have been accepted as evidence besides providing opportunity to tender rebuttal evidence. No such opportunity having been granted to the petitioner, the impugned order suffers from illegality. Accordingly, we set aside the order under Section 26(2) of the Act passed by the Collector on 15.11.2003.