AVINASH CHAND Vs. THE STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner Shri Avinash Chand was elected as Pradhan of Gram Panchayat, Chanaur, in Tehsil Dehra, District Kangra and was reelected as Pradhan of the same Gram Panchayat in the month of September, 1985. He has been removed from the office of Pradhan by the State Government by an order dated July 6, 1988. A copy of that order is Annexure P -13 to the present writ petition.

(2.) The case of the Petitioner is that the order aforesaid is unsustainable on facts, as also on the ground that he was not allowed to participate in the inquiry said to have been conducted by the State Government, after issuance of the show cause notice, which rendered the order bad. In the view that I am taking, it is not necessary to notice the facts further or express any opinion on the plea raised by Shri K.D. Sood that the inquiry in the present case was vitiated for want of proper opportunity to the Petitioner.

(3.) Sec. 54 of the H.P. Panchayat Raj Act, 1968 (Act No. 19 of 1970) provides for suspension and removal, inter -alia of Pradhan from his office. It runs thus: