IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
A. ABHISHEK REDDY, J.
Kokku Sandhyarani - Petitioner
Versus
The State of Telangana and Others - Respondents
Writ Petition No. 28161 of 2022
Decided On : 27-09-2022
Telangana Panchayat Raj Act, 2018 - Service Law - Post of Sarpanch – Suspension - Challenged the proceedings - Held, in impugned order, except stating that explanation submitted by petitioner is not satisfactory, no other reasons are given by Collector for not considering/ believing explanation submitted by petitioner - Even though petitioner has submitted her explanation,which runs into 10 pages, to Collector, Collector has not adverted to any of reasons or grounds mentioned in said explanation in impugned order - Impugned order, issued by respondent No.2 is set aside and matter is remanded back to respondent No.2- District Collector (Panchayat Raj Division) for passing orders, afresh, duly taking into consideration explanation submitted by petitioner, as expeditiously as possible, preferably, within a period of eight weeks from date of receipt of a copy of this order - It is needless to mention that before passing any orders, petitioner shall be put on notice and afforded an opportunity of hearing - Respondent No.2 is relying on any enquiry report, same shall be furnished to petitioner well before the date of hearing - Writ Petition is allowed.
ORDER :
1. Heard the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj appearing for respondents 1 to 4, and Sri M. Ramgopal Rao, learned Standing Counsel for Gram Panchayat, appearing for respondent No.5. With their consent, the present Writ Petition is disposed of at the stage of admission.
2. Challenging the proceedings No.R2/786/2022-Panchayat Raj, dated 27.06.2022, issued by respondent No.2 suspending the petitioner from the post of Sarpanch, Mustafanagar Grampanchayat, Gambhiraopet Mandal, for a period of six months, the present Writ Petition is filed.
3. Learned counsel for the petitioner has stated that on an earlier occasion, when the petitioner was suspended vide order dated 19.10.2020, passed by respondent No.2, the same was challenged before this Court by the petitioner vide Writ Petition No.20879 of 2020 and this Court was pleased to pass an interim order, dated 26.02.2021, suspending the proceedings dated 19.10.2020. Learned counsel has further stated that the order of the High Court passed in W.P. No.20879 of 2020 was not implemented till date and no charge has been handed over to the petitioner. Thereafter, the present impugned order has been passed on some vague and frivolous grounds. Learned counsel has further stated that grounds on which the petitioner has been suspended are without any cause of action as the petitioner was not handed over the charge of the post of the Sarpanch, pursuant to the interim orders passed by this Court in W.P. No.20879 of 2020. That the impugned order was passed due to political rivalry at the behest of the local MLA. Further it is stated that the enquiry report dated 07.06.2022 on which much reliance has been placed by the respondent No.2 to suspend the petitioner has not been furnished to the petitioner. That even though the petitioner has given her explanation dated 21.03.2022 to the show cause notice dated 08.03.2022, the same has not been considered in proper perspective and in the impugned order except stating that the said explanation is not satisfactory, no other reasons have been given by the concerned. Hence, the learned counsel prayed to set aside the impugned order.
4. Per contra, the learned Government Pleader has vehemently opposed the granting of any relief to the petitioner herein and stated that the suspension is only pending enquiry and no stigma is attached to the said suspension. That the impugned order was passed strictly in compliance with the provisions of the Telangana Panchayat Raj Act, 2018, duly putting the petitioner on notice and calling for an explanation. The learned Government Pleader has also disputed the fact that the petitioner has not been handed over the charge of the post of Sarpanch pursuant to the interim orders of this Court passed in W.P. No.20879 of 2020 and drawn the attention of the Court to the order passed by the Collector on 19.03.2021 to contend that the petitioner was handed over the charge and the cheque powers were also restored by the authority concerned.
5. A perusal of the record, more particularly, the impugned order as well as the order passed by this Court in W.P. No.20879 of 2020 shows that on the earlier occasion, the petitioner was suspended pending enquiry based on the earlier show cause notice, which was challenged in the said writ petition. This Court vide order dated 26.02.2021 has passed the following order :
The case of the petitioner is that her husband started constructing house and obtained permission subsequently. Pending granting of permission, the present impugned order is passed alleging the said action is main cause of action and also added some baseless allegations which are of trivial in nature. The learned
Suspension of elected representatives must be based on current and substantial evidence, and not on outdated reports, to uphold the integrity of democratic processes.
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