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PARTH PRATEEM SAHU
Kamla Devi W/o Visheshwar – Appellant
Versus
State of Chhattisgarh – Respondent
ORDER :
1. The petitioner has filed this writ petition challenging the order dated 06.04.2023 passed by the Commissioner/respondent No. 3 whereby revision filed by petitioner came to be dismissed.
2. Learned counsel for the petitioner submits that petitioner was an elected Sarpanch. She was elected in the year 2020. Based on some complaint, an inquiry was conducted against her, inquiry report was submitted on 18.05.2022 opining that the petitioner has committed financial irregularities in discharging her official duties. Based on the inquiry report, a show cause notice was issued to her on 09.06.2022 to which she submitted reply on 20.07.2022. Sub Divisional Officer only on the basis of reply submitted by the petitioner has passed the order on 21.09.2022 removing the petitioner from the post of Sarpanch under Section 40 of the Panchayat Raj Adhiniyam,1993 (hereinafter referred to as “the Act of 1993”) and further passed the order for recovery of the amount after evaluating all the works done by her. He contended that the Sub Divisional Officer-cum-Prescribed Authority without following due procedure of law as provided under Section 40 of the Act of 1993 i.e. issuing charge memo along
Removal of elected officials must adhere to principles of natural justice, ensuring fair opportunity to defend against charges.
The removal of an elected office-bearer must adhere to principles of natural justice, ensuring a fair opportunity to defend against allegations.
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....
Disqualification of a Panchayati Raj member requires adherence to prescribed inquiry procedures; failing which, actions are illegal and contravene principles of natural justice.
The court upheld the removal of a Sarpanch for misconduct, affirming that due process was followed and principles of natural justice were adequately met.
Removal of a Sarpanch under Section 249 requires strict adherence to natural justice principles, including provision of enquiry reports, or risk invalidation of the order.
The removal of a duly elected Sarpanch through the democratic process, was found to be improper.
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