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2022 Supreme(Chh) 605

P. SAM KOSHY
Sushma Lakda W/o. Shri Cleymaint Lakda – Appellant
Versus
State of Chhattisgarh Through The Secretary, Department of Panchyat and Rural Development – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sanjay Agrawal.
For the State : Mr. Aditya Tiwari, P.L.

ORDER :

1. Aggrieved by the impugned order Annexure P-1 dated 29.12.2021 the present writ petition has been filed. Vide the impugned order, the service of petitioner who is a Sapanch of Gram Panchayat, Duldula, Janpad Panchayat Duldula, Tahsil Kunkuri, District Jashpur has been placed under suspension invoking the provisions of Section 39(1) of the CG Panchayat Raj Adhiniyam, 1993.

2. The challenge to the impugned order is primarily on the ground that the petitioner does not meet the requirement under section 39 (1) of the CG Panchayat Raj Adhiniyam inasmuch as no charge sheet has been issued to the petitioner nor is there any show cause notice for removal from the post issued to the petitioner before placing the petitioner under suspension.

3. Counsel for petitioner drew the attention of the Court to Annexure P-1 whereby the entire order sheet would reflect that the petitioner has been placed under suspension only on the ground of certain allegations which have been made where the respondent authorities intend to conduct an inquiry and during the inquiry the petitioner has been placed under suspension. This procedure adopted by the respondents is not what is contemplated under Sectio

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