JARAM SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) CMP No. 2030 of 2005. Infructuous. CWP No. 1052 of 2005. Under challenge, in this petition, is the order of the Secretary (Panchayati Raj) to the Government of Himachal Pradesh dated April 30, 2005 (Annexure -16/T) whereby the petitioner Jaram Singh has been removed as Pradhan of Gram Panchayat Kamnala, Development Block, Nurpur in District Kangra. He has further been disqualified, for a period of six years from contesting the election to the post of Panchayat under Section 146 (2) of the Himachal Pradesh Panchayati Raj Act, 1994.

(2.) The petitioner was elected as Pradhan of the Gram Panchayat Kamnala in the year 2000. Some allegations of mis -utilization of the funds and embezzlement were received against him. These allegations were enquired into by the District Panchayat Officer, Kangra at Dharamshala. A show cause notice was issued to the Petitioner. His reply was not found satisfactory by the District Panchayat Office. A notice dated March 22, 2005 Annexure -P -14/T was served upon the petitioner to show cause why he should not be dismissed under Section 146 (1) of the Himachal Pradesh Panchayati Raj Act. inquiry Report was also sent also with the show cause notice. The Competent Authority, Secretary to the Government of Himachal Pradesh in the Department of Panchayati Raj, considered the reply and passed the impugned orders.

(3.) Mr. Ashok Sharma, learned counsel for the petitioner contends that the impugned order is a non -speaking inasmuch as the reply submitted by the petitioner has not been considered at all. Learned Advocate General would submit that the impugned order was passed by the competent Authority after due consideration of the reply submitted by the petitioner.