Point of Law: Quash of show cause notices - No show cause notice before proceedings - Predetermined and conclusive decision.

ORDER :

1. In this Writ Petition the petitioner assails the Notices No.A5/2346/2021-PW-2, Dated 29.01.2021 and A5/2346/2020-PW-1, Dated 24.11.2020 purporting to be a notice issued u/s 37 (1) of Telangana Panchayat Raj Act, 2018, of the District Collector, Karimnagar, asking the petitioner to show cause why he should not be removed from the post of Sarpanch, Bommakal Gram Panchayat, and to quash the same as the notices are illegal without jurisdiction and violative of principles of natural justice.

2. The petitioner asserts that he is Sarpanch of Bommakkal Gram Panchayat of Karimangar Mandal. His case is that initially a show cause notice dated 23.10.2020 was issued to the petitioner under Section 37 (1) of the Telangana Panchayat Raj Act, 2018 (for short ‘the Act’) asking him to give his explanation as to why he should not be removed from the post of Sarpanch, which notice was assailed in Writ Petition No.19772 of 2020 wherein this Court quashed the said notice by order dated 10.11.2020, leaving it open to the respondents to take action if any in accordance with law.

3. Thereafter, the petitioner was served with two identical notices dated 24.11.2020 and 29.01.2021 by quoting a report of Three Member Committee dated 16.10.2020 and also a letter addressed by the Station House Officer, Karimnagar, dated 20.10.2020 to which the petitioner gave replies on 10.12.2020 and 09.02.2021.

4. The grievance of the petitioner is that both the impugned notices were predetermined notices and that he was not put on notice about the irregularities if any on his part and that the Three Member Committee submitted the report behind his back. It is the further case of the petitioner that the report of the Three Member Committee discloses that an enquiry was conducted wherein oral and documentary evidence was adduced. But he was not given an opportunity to confront the witnesses. Hence the Writ Petition.

5. The District Gram Panchayat Officer, Karimangar the 4th respondent herein, filed counter, inter alia, contending that the people of the Gram Panchayat submitted several complaints against the petitioner and several news items were also published in local news papers on the irregularities committed by the petitioner being Sarpanch of Bommakkal village. Basing on the same, the District Collector appointed a Three Member Committee to look into the said irregularities and that the Committee having conducted an enquiry into those complaints submitted a report to the District Collector on 16.10.2020. He further submitted that the report of the Committee disclosed that the petitioner committed several irregularities and is guilty of misconduct as he took bribes from the villagers for granting permission to construct house by forging the signature of the Panchayat Secretary. The petitioner was also arrested in several criminal cases and was in jail for a considerable period of time. It is further submitted in the counter affidavit that the District Collector prima facie opined that the petitioner committed certain irregularities and illegalities which attract the provisions of Section 37 of the Act and therefore initiated action against the petitioner for his removal from the post of Sarpanch and accordingly issued the impugned notice dated 24.11.2020 under Section 37 (1) of the Act. It is further submitted that the District Collector while initiating action under Section 37 (1), has issued another notice to the petitioner under Section 37 (5) of the Act calling for his explanation by duly furnishing the copies of the preliminary report submitted by the Committee dated 16.10.2020. It is further submitted that the petitioner though submitted his explanation on 15.02.2021, pending consideration of the explanation, approached this court and filed this Writ Petition.

6. The learned counsel for the petitioner submitted that the petitioner was not furnished the material allegedly evidencing his involvement in illegal acts thereby warranting his removal from the post