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2012 Supreme(HP) 79

RAJIV SHARMA
B. S. Thakur – Appellant
Versus
State of Himachal Pradesh – Respondent


Advocates Appeared:
For the petitioner:Mr. T.S. Chauhan, Advocate.
For the Respondents:Mr. Rajinder Dogra, Addl. A.G. with Mr. Vikas Rathore, Deputy A.G for respondents No. 1 to 4.
Mr. Rajiv Jiwan, Advocate for respondent No.5.

JUDGMENT

Rajiv Sharma, Judge.

A complaint was filed against respondent No.5, who was holding the office of Pradhan Gram Panchayat, Jukhala by the petitioner and co-villagers on 23.3.2008 to the Deputy Commissioner, Bilaspur. A show-cause notice was issued to respondent No.5 by the Deputy Commissioner on 9.6.2008, to which the reply was filed by him on 23.6.2008. Respondent No. 5 was put under suspension on 24.7.2008. Inquiry was held by the Sub Divisional Officer (Civil), Sadar, District Bilsapur. Both the charges levelled against respondent No.5, according to the Inquiry Officer, were duly proved. The Director, Panchayati Raj upheld the order of suspension on 28.10.2008. Respondent No. 5 filed a revision before the Secretary (Panchayat). He remanded the matter to the Deputy Commissioner on 29.1.2009. Thereafter, a show cause notice was issued to respondent No.5 on 28.2.2009, to which he filed reply on 9.4.2009. Respondent No.5 was removed by the Deputy Commissioner on 30.4.2009. Respondent No.5 preferred an appeal before the Divisional Commissioner. He remanded the matter back to the Deputy Commissioner on 15.7.2009. The Deputy Commissioner again found him guilty and re-affirmed or




























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