SUNNAM SUSHEELA Vs. STATE OF TELANGANA

JUDGEMENT

(1.) In this writ petition, petitioner prays for declaring the order dtd. 9/9/2020 passed by respondent No.2- Collector (Panchayat Raj Wing) Kothagudem, Bhadradri-Kothagudem District, suspending her from the Office of Sarpanch, Seetharamapuram Gram Panchayat, Mulakalapally Mandal, for a period of six months, as illegal, arbitrary and contrary to the provisions of the Telangana Panchayat Raj Act, 2018 (for short 'the Act'). The facts of the case are that the petitioner was found to have opened a separate account in her name and credited the funds of the Gram Panchayat into the same. When the unofficial respondents noticed and enquired about the same, the petitioner had transferred the funds back into the Gram Panchayat account. Taking these aspects into account, respondent No.2, in exercise of powers under Sec. 37(5) of the Act, suspended the petitioner from the Office of Sarpanch for a period of six months, pending investigation.

(2.) Learned counsel for the petitioner contends that in the impugned order, respondent No.2 neither stated any reason nor considered the detailed explanation submitted by the petitioner.

(3.) As per the first proviso to Sec. 37(5) of the Act, notice is required to be issued to the petitioner only as to why she should not be suspended, but not in the process of enquiry into the allegations made against her, as, the enquiry will be conducted after gathering the material by the authorities.