NIRMALA DEVI Vs. DIVISIONAL COMMISSIONER

JUDGEMENT

(1.) The petitioner, Pradhan of Gram Panchayat, Barswan, purportedly hence committed mis-­appropriation, of, Panchayat funds. It is submitted by Mr. Hemant Vaid, learned Additional Advocate General, that, the competent authority, has directed, the initiation of, a, regular inquiry, against, the petitioner, vis-­a-­vis, the afore misconduct.

(2.) Through Annexure P-­2, the competent authority, .

(3.) The relevant provisions, of, Himachal Pradesh Panchayati Raj Act, 1994 (for short "the Act"), and, appertaining to " Suspension of office bearers of panchayats", are, encapsulated in sub-­section (1) of Section 145 of the Act, provisions whereof stand extracted hereinafter, and, in the thereunderneath, occurring proviso, (i) proviso whereof, hence mandates, vis-­a-­vis, the enumerated penal offences, as, carried in subsection 1 (a) of Section 145 of the Act, the charged office bearers, of, the Panchayat concerned, holding no right to seek revocation of suspension, or, rather the order suspending them, holding force and surviving up to a decision, being made by the Criminal Court of competent jurisdiction, vis-­a-­vis, the charges framed, qua, the offences delineated, in, sub-­section (1) (a) of Section 145 of the Act.