7% A FA HIGH COURT OF CHI-IATTISGARH AT BILASPUR WRIT PETITION (C) No. 3592 of 2009 PETITIONER : Dasharam S/o Late Karigir Kanwar, aged about 35 years, R/o Village Kharwani, Village Panchayat Kharwani, Tahsil Kartala, District Korba, Chhattisgarh. VERSUS RESPONDENTS :1. State of Chhattisgarh, through Secretary, Panchayat Department, DKS Bhawan, Raipur C.G. 2. Director, Panchayat, Chhattisgarh Government, Raipur, Chhattisgarh. 3. Collector, Korba, Chhattisgarh. 4. Sub Divisional Officer (Revenue), Korba, Chhattisgarh. 5. Naib Tahsildar, Barpali, Distrit Chhattisgarh. WRIT PETITION UNDER ARTICLE 226/227 OF THE CONSTITUTION OF INDIA Korba SB: Hon’ble Shri Satish K. Agnihotri, J. Present: Shri Rajkamal Singh Advocate with Shri M.K.Baeg, Advocate for the petitioner. Shri Vivek Sharma, Panel Lawyer for the State/respondents. ORDER ORAL (Passed on 28‘ day of July, 2009) Heard. ’ ./ 1. By this petition, the petitioner seeks for the following reliefs: “10.1 This Hon’ble Court may please be kind enough in calling the entire records of the case and ma please be kind enough in quashing the order dated 30.06.2009 passed in Revision Case No. 60/A—89(9)/08—07 by respondent No. 2 (Annexure P/1) and may please be kind enough in quashing the order dated 27. 12.06 in Appeal Case No. 5/A-89 A(9) 2006-2007 (Annexure P/2) passed by respondent No. 3 and may please be kind enough in quashing the order dated 23.05.2006 passed by the respondent No. 4 and the Enquiry report ’of the Naib Tahsildar Barpali, Respondent No. 5 may please be quashed. 10.2 The Hon’ble Court may please kindly issue a Writ in the nature of mandamus directing the respondents to reinstate the petitioner as the Sarpanch 0f Village: Kharwani & allow the petitioner to contest elections. 10.3 Any other Writ, order/direction may be pleased to issue in the facts and circumstances of the case.” The facts, as projected by the petitioner are that the petitioner was the Sarpanch of Gram Panchayat Kharwani, Tahsil Kartala, District Korba. The petitioner is alleged to have committed embezzlement of 57.50 quintals of rice and amount of Rs. 30,000/— from the Co-operative Bank. The respondent No. 4 directed the respondent No. 5 to conduct an enquiry. Thereafter, the respondent No. 4, on the basis of charges levelled by the respondent No. 5 against the petitioner, registered a Revenue Case No. 10/A—89A(9)/2004-2005. The respondent No. 4, by order dated 23rd May, 2006, removed the petitioner from the post of Sarpanch and has debarred him from contesting election for a period of six years. Against the order passed by the respondent N0. 4, the petitioner preferred an appeal being No. 5/A—89 A(9)2006-2007 before the respondent No. 3. The said appeal was dismissed Vide order dated 27th December, 2006 (Annexure P/2). Being aggrieved by the said order, the petitioner preferred a revision before the Director, Panchayat in Revision Case No. 60/A.89(9)/06.07 which was also dismissed on 30m June, 2009 (Annexure P/i) Shri Rajkamal Singh, learned counsel appearing for the petitioner submits that the enquiry report submitted by the respondent No. 5 and the consequent orders passed by the respondents are bad on the ground that firstly, the orders have been passed without affording an opportunity to the petitioner to put forward his case or to cross-examine the witnesses, and secondly, the findings of the respondents in their orders are based on mere assumptions and hypothesis. 4. Th6 matter was called up for hearing 0n 209‘ July, 2009. On the request of learned counsel for the petitioner, the matter was adjourned. Thereafter, the matter was again taken up for hearing on 24m July, 2009 and the application filed by the petitioner for making necessary amendments in the pleadings was allowed and it was directed to list the matter today for hearing. On query about the enquiry report submitted by the Naib Tehsildar, Barpali, it is stated that it is not necessary to file the enquiry report as the order dated 27th December, 2006 (Annexure P/2) passed by the Collector, and the order dated 30th June, 2009 (Annexure P/l) passed by the Director, Panchayat, hlrnish the complete details of the case. Despite the time granted earlier, the l etitioner has not filed the relevant documents like copy of the complaint, p enquiry report, and the order dated 23rd May, 2006, passed by the respondent No. 4. ‘6. I have heard learned counsel appearing for the petitioner, perused the pleadings and documents appended thereto. It appears that on physical verification, 57.50 quintals of rice were found to have been embezzled. The petitioner has further admitted before the Tahsildar that he kept the amount of the Gram Panchayat with him and no entry in that regard has been made in the cash—book. Even the counsel appearing on behalf the petitioner before the respondent‘No. 2 has failed to prove that the allegations levelled against the petitioner are false and baseless. This Court is not in a position to appreciate the allegations or counter—allegations for want of sufficient materials. The facts pleaded in this petition are not supported by sufficient documents as the petitioner has not filed the initial order i.e. the order dated 23.05.2006 passed by the respondent No. 4 which is sought to be quashed, thus, it is @ difficult to ascertain the facts involved in this case asto on what basis the respondent No. 4 has passed the order. Even no attempt was made to seek time for supply of necessary documents which are relevant for adjudication of the matter. For want of sufficient material alone, this petition deserves to be dismissed. 8. For the reasons mentioned hereinabove, I am of the considered View that the orders dated 27th December, 2006 (Annexure P/2) passed by the Collector and the order dated 30th June, 2009 (Annexure P/l) passed by the Director, Panchayat, do not suffer from any irregularity or illegality and the conclusion reached by the authorities on the basis of documents are ’ reasonable and does not warrant any interference. 9. Thus, this petition is dismissed. No orders asto costs. u V V : Sd/_ ,LSatish K. Agnihotri‘ ‘ Judge W