MANI RAM SIHAG Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Disdained by the impugned order dated 19th of May 2014 (Annex.10) passed by the Divisional Commissioner, Bikaner, petitioner a former Sarpanch, Gram Panchayat, Rambag/Sherpura, Panchayat Samiti Loonkaransar, has preferred this writ petition.

(2.) Vide order aforesaid, the second respondent while relying on the enquiry report of Chief Executive Officer, Zila Parishad, Bikaner, wherein petitioner was found guilty of charge No.5, 6, 8, 9 & 10, declared him disqualified to contest any election of Panchayati Raj Institution for next five years by resorting to Section 38(3) of the Rajasthan Panchayati Raj Act, 1994 (for short, 'Act of 1994'). Succinctly stated, the facts of the case are that at the threshold petitioner was elected as Sarpanch of Gram Panchayat Rambag in the month of February 1978 and continued to remain in helm of affairs in the said capacity upto year 1988. In the year 1988, State of Rajasthan reconstituted Gram Panchayats all over the State and as a consequence thereof Gram Panchayat Rambag was bifurcated in two parts as Gram Panchayat, Rambag and Gram Panchayat, Sherpura respectively. The petitioner, thereafter, again joined the electoral battle and was elected as Sarpanch of Gram Panchayat, Sherpura in the month of June 1988. While acting as Sarpanch, Gram Panchayat, Rambag, villagers lodged a complaint against the petitioner on 7th of October 1987 before the Distrcit Collector, Bikaner and the District Collector, Bikaner immediately ordered enquiry by appointing the Sub Divisional Officer, Bikaner as Enquiry Officer vide order dated 22nd of October 1987. The SDO, Bikaner, on completion of enquiry, found that charges made against the petitioner are not proved. Yet again, one Shri Sita Ram Sharma made a complaint before second respondent attributing thirteen allegations against the petitioners during his tenure as Sarpanch from 1978 to 1990 with the specific allegation that petitioner has committed a fraud of Rupees three crores. The aforesaid complaint was filed on 27th of October 1999. Pursuant to the complaint, the second respondent addressed a communication dated 19th of October 2005 to the petitioner in the form of show cause notice/chargesheet containing 10 charges for soliciting his response/ explanation. Acknowledging the communication dated 19th of October 2005, petitioner submitted his reply and explained his entire position. It was also mentioned in the reply that as the matter is two decades old and he is not abreast with the relevant record of Gram Panchayat, he is unable to explain all the facts with clarity and precision. The said reply was submitted by the petitioner on 12th of July 2006.

(3.) On receipt of reply, second respondent appointed Chief Executive Officer, Zila Parishad, Bikaner as enquiry officer. The Chief Executive Officer, on completion of enquiry, indicted the petitioner for charge No.5, 6, 8, 9 and 10 and submitted its report. In the enquiry report, the enquiry officer has found petitioner guilty of charges of defalcation. While recording its finding with respect to charge No.8, it was mentioned that a sum of Rs.9,946 is recoverable from the petitioner and the petitioner is prepared to deposit the same.