LAL CHAND Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition under Article 226 of the Constitution, the petitioner challenges the validity of order Annexure-1 dated 4-10-1985 passed by the Collector, Bharatpur under section 17 (4) of the Rajasthan Panchayat Act, 1953 (for short 'the Act') removing him from the office of Panch and declaring his seat vacant.

(2.) WE may recall the relevant facts in brief. The petitioner was elected as Panch from Ward No. 5 of village Panchayat Mei District Bharatpur in the elections which took place in 1981. It appears that some complaints were made against him and as result of which the Collector, Bharatpur passed the impugned order Annexure-1. It is alleged that order Annexure-1 was passed in utter violation of the provisions of sub-section (4) of Section 17 of the Act and Rules 20-21 and 22 of the Rajasthan Panchayat & Nyaya Panchayat (General) Rules, 1961 (here in after referred to as the 'rules' ). No notice was issued to him under the Rules nor any inquiry was conducted thereunder. The impugned order is, therefore, bad and unsustainable as it violated the mandates contained in section 17 of the Act and Rules 20, 21 and 22 of the Rules.

(3.) A combined reading of the aforesaid section and rules makes it amply clear that a Panch can be removed from office on the ground of misconduct only after a final inquiry is conducted against him as laid down in rule 21. Rule 21 embodies the principles of natural justice that one should not be condemned without giving him an opportunity of hearing. It is incumbent on the authority if a final inquiry is to be conducted against a Panch to draw up statement of charge, serve notice to the Panch calling upon him to show cause as to why the charges should not be inquired into. A notice under sub-rule (4) of rule 21 is to be issued on the Panch to appear before the inquiry officer at the time and place specified in the notice. If the Panch appears, charges are to be read to him and the inquiry officer is to hear his explanation. Thereafter evidence is to be recorded in support of or in rebuttal of the charges. Thereafter the inquiry officer is to record his findings. These are not only the basic requirements but are also essential safeguards against the delinquent.