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1980 Supreme(HP) 5

V.D.MISRA, H.S.THAKUR
PREM KUMAR – Appellant
Versus
STATE OF H. P. – Respondent


Advocates Appeared:
Ramesh Chand, for Petitioner H. R. Paul and M. L. Sharma, for Respondents.

JUDGEMENT

V. D. Misra, C.J. : The petitioner was elected as Pradhan of the Gram panchayat, Kungrath, Tehsil and District Una, in Nov.-Dec. 1978 after defeating Shri Tarsem Singh, respondent No. 5. Thereafter Tarsem Singh reported to the Deputy Commissioner as well as to the State Government that the petitioner has been convicted under S.16(1) of the Prevention of Food Adulteration Act on 9th Sept. 1979 by the Chief Judicial Magistrate, Una. The Deputy Commissioner proceeded to suspend the petitioner by his order dated 9th Nov. 1979 (Annexure-A). Another notice was served on the petitioner calling upon him to show cause why he should not be removed under the provisions of S.9(5)(b) and (c) of the Himachal Pradesh Panchayati Raj Act, 1968 because of the aforementioned conviction (Annexure-B). The petitioner immediately asked the Deputy Commissioner to supply him with a copy of the complaint filed by Tarsem Singh. However, it was not done.

2. The petitioner moved the present petition challenging his suspension (Annexure-A) as well as the show cause notice (Annexure-B) served on him.

3. The State put in appearance on 4th March 1980. The Advocate General appeared for respondents Nos. 1 to










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