Suspension of an elected official is deemed revoked if the inquiry is not completed within six months as mandated by law.

JUDGMENT :

Ajay Mohan Goel, J.

By way of this writ petition, the petitioner has, inter alia, prayed for the following relief:-

“Issue a writ of a writ of certiorari or any other appropriate writ for quashing the Annexure P-7 dated 14.12.2023 passed by respondent No.2 i.e. Learned Divisional Commissioner. Further quash the Annexure P-3 dated 08.11.2023 having been issued without application of mind.”

2. The controversy involved in this writ petition is in a very narrow compass. The petitioner herein is aggrieved by order dated 08.11.2023 (Annexure P-3), in terms whereof, she was placed under suspension by the Authority by invoking the provisions of Section 145(1)(c) of the Panchayati Raj Act, 1994 as well as order dated 14.12.2023, passed by the Divisional Commissioner in Appeal No.192 of 2023, titled Usha Devi versus Deputy Commissioner Sirmour, in terms whereof, the appeal preferred by the petitioner against her suspension was rejected by the Appellate Authority.

3. In terms of the averments made in the writ petition, the petitioner was elected as Pradhan of Gram Panchayat Koti Uttrou, Tehsil Shillai, District Sirmour in the year 2021. She was issued a show cause notice on 13.10.2023 (Annexure P-1), seeking a response from her on the alleged illegalities and irregularities mentioned therein, on the basis of a complaint preferred against her by one Sh. Rattan Singh, S/o Sh. Tulsi Ram. The petitioner responded to the show cause notice denying the allegations made therein. This was followed by issuance of an office order dated 08.11.2023, in terms whereof, the petitioner was placed under suspension. It was mentioned in the order that in terms of a complaint received against the petitioner, a preliminary inquiry was conducted, in which, it was found that there was merit in the allegations. Thereafter, the petitioner was served a show cause notice, reply filed whereto was found unsatisfactory and as the matter required a regular inquiry, the petitioner was ordered to be placed under suspension. Feeling aggrieved, the petitioner preferred an appeal. Vide order dated 14.12.2023 (Annexure P-7) learned Divisional Commissioner, i.e. the Appellate Authority dismissed the appeal by returning the findings that in terms of the record, the procedure was duly followed before the suspension of the Pradhan. It was further mentioned in the order that after the receipt of the complaint against the petitioner, a preliminary inquiry was conducted. This was followed by issuance of a detailed show cause notice, to which, the petitioner replied and after perusal of the show cause notice, the Deputy Commissioner ordered the suspension of petitioner on08.11.2023.

4. Learned Senior Counsel for the petitioner has vehemently argued that the order of suspension of petitioner is prima facie bad for the reason that the same is nothing but an act of colourable exercise of powers. Learned Senior Counsel submitted that the political allegiance of the petitioner is the main reason for her being harassed and not being permitted to do the job, for which, she has been elected by the representatives of the area. Learned Senior Counsel submitted that this is nothing but an act of vengeances on the part of the respondents to throttle democracy, more so, in the light of the fact that neither the petitioner has committed any illegalities or irregularities as alleged nor the funds like MGNREGA etc., were under her control, as is also evident from the statutory provisions of the MGNREGA Act, 2005. Learned Senior Counsel also submitted that without prejudice to the said contentions of the petitioner, in light of the provisions of Section 145(3), as the post suspension procedure including holding and completion of the inquiry has to be completed within six months and in case inquiry and action is not completed within the stipulated period, the suspension period shall be deemed to have been revoked, because, in the present case, needful in terms of Sub-section 3 has not been done