B. PADMA REDDY Vs. STATE OF ORISSA

JUDGEMENT

(1.) This writ petition is directed against the removal of the petitioner from the office of Sarpanch of Padmanavpur Grama Panchayat vide impugned order dated 29.12.2005 passed by the opposite party No.1 in exercise of the powers conferred to him under Sub-section (1) of Section 115 of the Orissa Grama Panchayat Act, (hereinafter referred to as "the Act").

(2.) The brief facts of the case are that the petitioner was elected as Sarpanch in the election held in the month of February, 2002. In the year 2005 an allegation was made against the petitioner that during visit of the District Panchayat Officer to the petitioner's Grama Panchayat on 28.3.2005, several irregularities were detected. A sum of Rs.2,07,400/- was withdrawn from the bank and entered in the cashbook on the plea of advance payment to the contractors for developmental works for the Grama Panchayat, but vouchers could not be produced during the visit of the District Panchayat Officer which shows that the above amount was misappropriated by her. Accordingly, a charge-sheet along with a show cause notice was issued on 27.8.2005 levelling one charge against her to the effect that Rs.2,07,400/- was withdrawn from the bank for the purpose of advance payment to contractors for developmental works and the same was also entered in cash book, but necessary vouchers could not be produced in support of the same. It is clearly evident that she has misappropriated the above amount. She submitted her reply to the show cause notice denying the charge and annexing the copies of the representations made to the Collector, Ganjam and the copies of the receipts/vouchers. The reply of the petitioner to the show cause is available as pages 51 to 54 and the copies of the vouchers are also available on the record of the State Government from pages 22 to 38.

(3.) However, after submission of the reply the date of hearing was fixed on 23.12.2005 by the Minister, Panchayati Raj and Culture, who was the decision making authority. During the course of hearing, the District Panchayat Officer, Ganjam, Block Development Officer, G.P.E.O., Digapahandi, Executive Officer, Padmanavpur Grama Panchayat and Sarpanch-petitioner-Smt. B.Panda Reddy were present. The final order was passed by the Minister, Panchayat Raj and Culture, Orissa after forming the opinion that there was neither any estimate nor any voucher against such advances given by the petitioner and further continuance of the petitioner in the office of Sarpanch would be highly prejudicial to the public interest and detrimental to the interest of the inhabitants of the Grama Panchayat in particular and therefore, she was removed from the office of Sarpanch. The relevant findings of the Minister, Panchayati Raj and Culture, Orissa are quoted below :