Suspension of a Sarpanch under Section 115 (1) of the Orissa Gram Panchayat Act, 1964 requires a finding of wilful delinquency.

P. C. NAIK, J.

( 1 ) IN this petition under Articles 226 and 227 of the Constitution of India, petitioner Sukanta Bhoi, Sarpanch (under suspension) of Satyabhamapur Gram Panchayat under Balianta Police Station in the district of Khurda has challenged the order dated 27-5-1999 of his suspension passed by the Collector and District Magistrate, Khurda under Section 115 (1) of the Orissa Gram Panchayat Act, 1964 (Orissa Act 1 of 1965) (hereinafter referred to as 'the Act'), communicated to him vide letter No. 337 dated 27-5-1999, Annexure-4 to the writ petition.

( 2 ) THE petitioner had been elected as the Sarpanch of Satyabhamapur Gram Panchayat in January, 1997. It is alleged that since he was not owing allegiance to the Ruling Party of the State, he incurred the wrath of the local leaders. At the instance of the local leaders who were opposed to the petitioner, the sub-Collector, Bhubaneswar, vide his letter dated 16-12-1998 (Annexure-1) alleged that certain financial irregularities were committed by the petitioner while functioning as the Sarpanch of the Gram Panchayat and asked him to show cause. The allegations were as follows :- (1) Without obtaining approval of higher authority or Grama Sabha, Rs. 5,000. 00 had been spent as Advocate's fees in a case pending before the Orissa High Court, i. e. O. J. C. No. 6145/97. (2) There was temporary misappropriation of Rs. 12,000. 00 out of Grama Fund for seven months. (3) Without obtaining approval of Grama Sabha, an advance of Rs. 21,500. 00 had been taken for execution of nine works. (4) Without resolution of Grama Sabha Rs. 24,804. 00 had been taken as evidence for J. R. Y. Fund, Rs. 36,000. 00 had been given as advance for construction of Mirapur Bhoi Sahi Road; Rs. 5,000. 00 had been given as advance for Gotala Village Trinath Kothaghar; Rs. 17,000. 00 had been given in advance towards Hirapur Sahabaz Bhoi Kothaghar and Rs. 10,000. 00 had been given in advance for construction of the house of Banku Bhoi before completion of the works. (5) Work orders had been given for Rs. 57,242. 00 when only Rs. 5076. 00 was in J. R. Y. Fund. (6) The balance auction amount towards Tankapani Fair-weather Road had not been collected; and (7) There was insertion of a new page in the Grama Sabha Resolution Book.

( 3 ) ACCORDING to the petitioner, though he properly explained the above alleged irregularities, the Sub-Collector submitted a report to the Collector and District Magistrate, Khurda, inter alia, stating therein that the petitioner did not show cause in response to his letter dated 16-12-1998 (Annexure-1 ). The Collector and District Magistrate without asking the petitioner to show cause to the allegations levelled against him, passed the impugned order of suspension on 27-5-1999 (Annexure-4) on the ground that the petitioner wilfully disobeyed the order of the Sub-Collector, Bhubaneswar in not responding to his letter (Annexure-1) despite proper service of the said letter. According to the petitioner, the order (Annexure-4) is not in accordance with the provisions of Section 115 (1) of the Act and is in gross violation of the principles of natural justice and hence liable to be quashed.

( 4 ) IN the counter filed by the opposite parties, it has been stated that the petitioner did not show cause in response to the notice issued to him by the Sub-Collector (vide Annexure-1) pointing out the irregularities committed by him. viz. misappropriation and mis-utilisation of Grama Panchayat fund, etc. According to the opposite parties, the impugned order of suspension is in accordance with the provisions of Section 115 (1) of the Act and is not in violation of the principles of natural justice and does not warrant any interference.

( 5 ) MR. C. A. Rao, learned counsel appearing for the petitioner contended that the allegations levelled against the petitioner were not so grave as to invoke the provisions of Section 115 (1) of the Act. The second contention of Mr. Rao is that the Sub-Collector