BISHNUPRIYA JENA Vs. STATE OF ORISSA

JUDGEMENT

(1.) "tasmat sastram pramanam te karyaa karya vyavasthito gyatwa sastra vidhanoktam karma kartu miharhashi ya sastra bidhi mutsrujya vartate kaam karatah na sa sidhim vaa proti na sukham na param gatim" were the words of Lord Krishna to Arjun, applicable universally which mean: "Therefore, the scripture alone is your guide in determining what should be done and what should not be done. Knowing this, you ought to perform only such action as is ordained by the scriptures. Having cast aside the injunctions of the scriptures, he who acts in an arbitrary way according to his own sweet will neither attains perfection nor the supreme goal nor even happiness. (Srimad Bhagabat Gita Chapter -XVI sholk 24 & 23) That is why Lord Byles J. in Cooper v. Wandsworth Board of Works : (1863) 14 CB (NS) 180 has observed : "The laws of God and man both give the party an opportunity to make his defence, if he has any. I remember to have heard it observed by a very learned man, upon such an occasion, that even God himself did not pass sentence upon Adam before he was called upon to make his defence,"Adam (says God), where art thou ? Hast thou not eaten of the tree whereof I commanded thee that thou shouldest not eat," And the same question was put to Eve also." and so in the instant matter which has been filed by the petitioner against her removal from the office of Sarpanch of the Grama Panchayat, we have to consider as up to what limit the "reasonable opportunity of showing cause" provided in Section 115(1) of the Orissa Grama Panchayat Act, 1964 (for short "the Act") before removal of a person from the office of the Sarpanch of a Grama Panchayat should be confined.The provisions of Sub -section (1) of Section 115 of the Act are quoted as under : "115. Suspension and removal of Sarpanch/Naib -Sarpanch and member - (1) If the State Government, on the basis of a report of the Collector or Project Director, District Rural Development Agency, or suo motu are of the opinion that circumstances exist to show that the Sarpanch or Naib Sarpanch of a Grama Panchayat willfully omits or refuses to carry out or violates the provisions of this Act or the rules or orders made thereunder or abuses the powers, rights and privileges vested in him or acts in a manner prejudicial to the interest of the inhabitants of the Grama and that the further continuance of such person in office would be detrimental to the interest of the Grama Panchayat or the inhabitants of the Grama, they may after giving the person concerned a reasonable opportunity of showing cause, remove him from the office of Sarpanch or Naib -Sarpanch, as the case may be.

(2.) BEFORE proceeding further, it is necessary to go through the brief facts of the case which are as under : The petitioner having been elected as Sarpanch of Birapratappur Grama Panchayat in the district of Puri on 28.2.2002 assumed office on 10.3.2002 and vide order dated 31.8.2005 she was placed under suspension on the basis of the alleged enquiry report dated 24.2.2005 submitted by the Project Director, District Rural Development Agency (DRDA) Birapratappur Grama Panchayat (OP No.3) recording the irregularities committed at the said Grama Panchayat. The charge memo was also annexed with the order of suspension in which the following charges were levelled against her: (i) though Rs.14,10,827/ - has been allotted to GP between 2000 -2001 to 2004 -2005 under different programmes yet the said money is lying unutilised in the said Panchayat due to casual attitude of Sarpanch; (ii) Due to non -convening of Palli Sabha or Grama Sabha annual working plan was not prepared as a result of which development of people are being hampered; (iii) Due to casual attitude of the Sarpanch 420 quintals of rice was not given to simple labourers for which BDO, apprehending wastage of rice, utilized the same in other projects.

(3.) THE record was summoned and the same was produced before this Court. A perusal of the same shows that the petitioner appeared for personal hearing at the Secretariat on 13.2.2006 at 11.45 A.M. but the Minister, Panchayati Raj Department due to sudden urgent engagement in the Assembly works, could not hold the hearing at 11.45 A.M. However, at a later stage the Minister recording the absence of the petitioner, decided the matter ex parte passing the order of removal of the petitioner from the office of Sarpanch. Consequently a Government order which is impugned in this writ application was issued under the signature of the Deputy Secretary to Government of Orissa in the Panchayati Raj Department vide order No.LS -I -82/2005.(pt) 2343/P.R. BBSR, Dated the 21.2.2006.