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2018 Supreme(Online)(Chh) 758

IN THE HIGH COURT OF CHHATTISGARH
Mr. , J
Kamti Bai Manglu Ram v. State of Chhattisgarh and Others


Advocates:
For the Appellant/Petitioner: Mr. C.K. Kesharwani
For the Respondents: Mr. Prasun Kumar Bhaduri

Table of Content
1. complaint regarding removal based on forged documents. (Para 1 , 2)
2. arguments regarding proper legal procedure for removal. (Para 3 , 4 , 5)
3. requirement for a fair enquiry and natural justice principles. (Para 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15)
4. conclusion of the court to quash the removal order. (Para 16 , 17)

1. The petitioner was elected as Sarpanch of Gram Panchayat Khapridarbar. A complaint was made that on the basis of forged muster roll, the petitioner as Sarpanch has withdrawn certain amount. That complaint was got enquired into by the Sub-Divisional Officer (Revenue), Khairagarh through the Tahsildar, Chhuikhadan and report was asked for which was submitted by the Tahsildar on 16-6-2016 and based upon the said report, a regular revenue case was registered by the Sub-Divisional Officer (Revenue) under S.40(1) of the Chhattisgarh Panchayat Raj Adhiniyam, 1993 (for short, 'the Act of 1993'). Thereafter, a show - cause notice was issued to the petitioner which was replied and after reply is filed, the case was heard and order for removal of the petitioner from the post of Sarpanch was passed on 15-12-2016 holding that she has committed miscon

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