LEKH RAM Vs. STATE

JUDGEMENT

(1.) Lekh Ram, the petitioner in this writ petition under Arts. 226/227 of the Constitution of India, is Pradhan of Gram Panchayat, Dobha, Block Development Sadar, Tehsil Sadar, District Bilaspur. While he was presiding over the panchayat meeting on March 13, 1986, Prem Lal of village Barota within the said panchayat Circle, approached him and requested him to issue certain certificates to the effect that he was bona fide resident of Himachal Pradesh and belonged to Scheduled Caste. While the petitioner was preparing said certificates the officials of the Vigilance Deptt. (Anti Corruption) entrapped him for receiving illegal gratification from said Prem Lal to the tune of Rs. 50/- in currency notes of rupee ten each. Consequently a case under S.161 of the Indian Penal Code read with S.5(2) of the Prevention of Corruption Act was registered against the petitioner. He was also placed under arrest and was released on bail on the next day i.e., March 14, 1986.

(2.) Thereafter a notice was issued by the respondent Deputy Commissioner, Bilaspur, (Annexure PE,) dated April 30, 1986, to the petitioner to show-cause why he should not be suspended and debarred from discharging the duties of Pradhan of the panchayat, within a period of seven days under S.54(1) of Himachal Pradesh Panchayati Raj Act, 1970, (hereinafter referred to as the Act) and under R.77 of the Himachal Pradesh Panchayati Raj Rules, 1971, for having been caught red handed by the Inspector Vigilance (Anti Corruption Unit) while receiving illegal gratification from said Prem Lal to the tune of Rs. 50/-. The petitioner sent the communication, Annexure PF, in response to this show-cause notice wherein he denied that he made any such attempt to receive illegal gratification and asserted that he was a victim of a 'frame-up' by his Political rivals and the case was a complete concoction and fabrication against him. He also challenged, in these circumstances, the authority of the Deputy Commissioner to suspend him from performing his functions as a panchayat Pradhan since the case against him was sub-judice and no such action could legally be taken by the Deputy Commissioner till he was found guilty.

(3.) Thereafter the Deputy Commissioner, Bilaspur, issued the order dated May 30, 1986, (Annexure PG), whereby the petitioner was suspended as Pradhan of Gram Panchayat Dobhas, under S.54(1) of the Act debarring him from taking any part in the panchayat proceedings during his suspension period.