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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Asha Devi – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i) Issue a writ of certioirari to quash the orders dated 12- 04-2024 (Annexure P-1), 24-7-2024 (Annexure P-2 & Annexure P-3) and 29-07-2024 (Annexure P-4).
ii) Issue a writ of mandamus directing the respondents No.2 and 4 to conclude the regular statutory inquiry (under Section 145 of the Himachal Pradesh Panchayati Raj Act) within time bound manner initiated in pursuance to order dated 31-01-2024 and submit the inquiry report before this Hon’ble Court.”
2. When this case was listed on 16.09.2024, the following order was passed:-
“ CWP No.7668/2024 & CMP No.13044/2024 Reply by the appearing respondents be filed within four weeks.
Issue notice to respondents No.7 and 8, returnable within four weeks, on taking steps within a week.
Heard learned Senior Counsel for the petitioner and learned Deputy Advocate General for respondents No. 1 to 6 and considered the case file as also the instructions placed on record by the learned Deputy Advocate General for the purpose of considering the interim relief prayed for the petitioner.
2. Petitioner is Pradhan of Gram Panchayat Jarwr
The Appellate Authority exceeded its jurisdiction by ordering a fresh inquiry while an existing inquiry was ongoing, violating the scope of its review.
Suspension of elected office bearer without opportunity of hearing violates mandatory statutory provision, rendering order void ab initio, with liberty to proceed afresh in accordance with law.
Suspension of an elected official is deemed revoked if the inquiry is not completed within six months as mandated by law.
A party must exhaust statutory remedies before invoking writ jurisdiction, and claims of natural justice violations must be substantiated.
Administrative bodies must provide clear justifications for suspension orders and act expediently in processing appeals to ensure fairness.
The court affirmed that suspension of an elected representative can occur based on a preliminary enquiry report without prior hearing, provided the charges are grave enough to warrant such action.
Disciplinary Authority cannot order de-novo inquiry under CCS (CCA) Rules upon dissatisfaction with Inquiry Officer's report; must proceed per Rule 15 by providing disagreement reasons or directing f....
The court affirmed that the District Magistrate has the authority to cease a Pradhan's powers pending inquiry, and that the preliminary inquiry process does not necessitate the Pradhan's involvement.
The disciplinary authority must independently decide on inquiry reports without external influence, as mandated by the Uttar Pradesh Government Servant (Discipline and Appeal) Rules, 1999.
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