JUDGMENT

M.M.DAS, J. — Misc. Case No. 9639 of 2008 has been filed by one Jogeswar Meher seeking intervention in the writ petition.

2. It has been averred in the Misc. Case petition that the intervenor has preferred this Misc. Case to assist the Court for just and proper decision of the case as well as to bring the facts, which are otherwise not brought by the writ petitioner on record.

3. As I find that the intervenor-applicant has no direct interest in the lis, though I am not inclined to allow such intervention, nevertheless, Mr. H.S. Mishra, learned counsel appearing for the intervenor is permitted to make his submission on the merit of the case, while hearing the writ petition.

4. It appears from the facts, as stated in the writ petition and the intervention application, that the writ petitioner was elected as the Sarpanch of Chandanvati Grama Panchayat under Bolangir block in the district of Bolangir. He has assailed the order passed by the Government under section 115 (2) of the Orissa Grama Panchayat Act, 1964 (hereinafter referred to as ‘the Act’) passed on 18.6.2008 placing him under suspension from the office of Sarpanch with immediate effect. The petitioner has averred that the said order of suspension ex facie shows non-application of mind on the part of the Government as no reason has been assigned in the said order in support of such suspension except quoting the language of Section 115 (2) of the Act. It has been further stated that the said order of suspension was received by the petitioner on 27.6.2008 along with the draft charges framed against him as hereunder:¬

“1. That Sri Basudev Dandasena, Sarpanch, Chandanvati G.P. while indulging some alleged immoral activities, was arrested and remanded to jail custody as the bail was rejected by the Court on 24.3.2008.

2. Thus, it is construed that the said Sri Dandasena being a people’s representative has no least hesitation to abuse his powers’ by committing such activities in under mining his official status.

3. That the said Sri Dandasena being the head of a constitutional body has acted in a manner which is prejudicial to the interest of people of the said G.P."

5. Learned counsel for the petitioner strenuously urges that the action of the Government is not only mala fide but also arbitrary and whimsical and has not been passed in conformity with the law inasmuch as principles of natural justice has been violated as the petitioner was not afforded with an opportunity of hearing before passing the said order. Learned counsel further contends that the petitioner, being the representative of the Grama elected to the office of Sarpanch, should not be thrown out of the said office on the basis of vague allegation and an unreasoned order.

6. Mr. H.S. Mishra, learned counsel appearing for the intervenor submits that the petitioner by his conduct has proved that he is not worthy to occupy the office of Sarpanch any further as while continuing as Sarpanch, he was arrested being caught raid handed by the police officer of the Town Police Station, Bolangir along with two ladies and has been booked under Sections 4, 5, 6,7 and 8 of the Immoral Traffic Prevention Act in Town P.S. Case No. 74 dated 24.3.2008 corresponding to G.R. Case No. 166 of 2008 pending before the learned S.D.J.M., Bolangir. After being arrested, the petitioner was remanded to the jail custody for about 15 days till he was granted bail. The Collector, Bolangir - Opp. Party No. 2 after coming to know about the involvement of the petitioner in the criminal case and his arrest, by his letter dated 7.4.2008 moved the State Government - Opp. Party No. 1 recommending suspension of the writ petitioner enclosing the F.I.R. and the order sheet in the said G.R. Case. It was only after receiving such recommendation from the Opp. Party No. 2, the Government on due application of mind to the facts and circumstances of the case and keeping in view the provisions of Sub-¬section (2) of Section 115 of the Act findi