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PARTH PRATEEM SAHU
Judawan Gabel S/o Mahettar Gabel – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner has filed this writ petition against the order dated 18.04.2022 passed by respondent No. 2/Commissioner in Revision Case No. 1-A-89/2021-22 whereby appeal filed by respondent No. 5/Sarpanch has been allowed setting aside the order passed by respondent No. 4/Sub Divisional Officer (R) and respondent No. 3/Collector removing respondent No. 5 from the post of Sarpanch and disqualifying her to contest election for a period of 6 years.
2. Facts relevant for disposal of this writ petition are that petitioner, an elected Member of Janpad Panchayat Malkharoda, Village Bundeli District Janjgir Champa filed a complaint before respondent No. 3/Collector on 31.07.2020 against respondent No. 5/Sarpanch and respondent No. 6/Secretary of the Gram Panchayat-Bundeli alleging that respondents No. 5 & 6 are misusing their power, extended undue advantage to husband of respondent No. 5/Sarpanch, misappropriated the fund allotted to Gram Panchayat and prayed for removal of Sarpanch and Secretary of the Gram Panchayat invoking provision under Section 40 of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (hereinafter referred to as “Adhiniyam 1993”). Upon receiving complaint, respon
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
The removal of elected office-bearers requires adherence to principles of natural justice and statutory enquiry provisions.
Violation of principles of natural justice in administrative proceedings under Section 40 of the Panchayat Raj Adhiniyam, 1993.
The court reaffirmed that principles of natural justice must be observed in inquiry processes, especially in cases of removal from office, while recognizing that proven guilt mitigates claims of proc....
Procedural fairness is essential in disciplinary actions; failure to follow prescribed inquiry procedures renders termination invalid.
The removal of a duly elected Sarpanch through the democratic process, was found to be improper.
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