WRIT PETITION (S) NO. IN THE HIGH COURT OF CHHATTISGARH AT- BILASPUR 5T” g OF 2006 PETITIONER SON OF LATE RAMU CHAKRADHARI R/O VILLAGE - GHODARI, DISTRICT - MAHASAMUND (C. G.) / TULSI RAM CHAKRADHARI, AGED - 44 YEARS, P. O. — BIRKONI, RESPONDENTS VERSUS STATE OF CHHATTISGARH, THROUGH — THE SECRETARY, DEPARTMENT OF PANCHAYAT & RURAL DEVELOPMENT, D. K. S. BHAWAN, RAIPUR THE COLLECTOR, DISTT. - MAHASAMUND (C. G.) SUB - DIVISIONAL OFFICER (REVENUE) / PRESCRIBED AUTHORITY, MAHASAMUND .DIST. — MAHASAMUND (C. G.) D. L. VERMA SUB — DIVISIONAL OFFICER (REVENUE)/ PRESCRIBED AUTHORITY, MAHASAMUND, ‘ DISTT. —- MAHASAMUND, (C. G.) DEPUTY DIRECTOR, PANCHAYAT & soc1AL WELFARE, MAHASAMUND Dlsrr. — MAHASAMUND,(C. G.) B. L. BHAGAT, CHIEF EXECUTIVE OFFICER, JANPAD PANCHAYAT, MAHASAMUND (c. G.) DEEPAK KUMAR KAIWARTYA SARPANCH, GRAM PANCHAYAT, GHODARI, BLOCK - MAHASAMUND DISTT. — MAHASAMUND (C. G.) SHIV KUMAR KOSLE, PANCHAYAT KARMI, GRAM PANCHAYAT, GHODARI, BLOCK - MAHASAMUND, DISTT. — MAHASAMUND (C. G.) K Writ Petition Under Artifje—_\_ — 226 & 227 of Constitution of India XI—HC-78 WWJ§€IW ‘ w‘ R (cs uo‘ ....o.o‘oooo. m 521$!) zmé v Hun. m 200 mm (Witt) WWW wmm m m m m mfazhwwma‘fffwmA %aa%qan%$ \\_\ 10:10.2006 Shri Sandeex) Yada State] r€SD011d611ts No. 1. 2. C None for othar msuond Argumants on admissh .78? OR t1 v. SUNIL KUMAR SINHA. J. Lsarned coun'sml‘for t rasuondant No.7 is workim Ghodari‘ Block- Mahasamux rssnondent No.8 is the P; Panchavat. His submiSgion i 8—A/89-200‘2—2003 {AnnExux 2006 {Annexure-P/ 12} under Panchavat Rai Adhinivam 19 iS the Drescribed authoritv k interest in the matter alld disnoeed of till date. His fum ‘ was; instituted on 8.7.200 instituted 0n 14.7.2006 He these caSes. which are filed submits that for the nresent. exits. - Order dictated as follov )n heard. AL ORDER ‘\ 1 n annm counsel for the Detitioner. Shri R.K. K€Sharwani v. DV. Govt. Advocate for the H’ysS. be netitioner submits that nresentlv s as Sarnanch of Gram Panchavat- Ld. Distiict- Mahasamund {c.GJ and uichav‘at Karmi of the said Gram s that two proceedings Vide Case No. 643/2) and Case No. 16—A/89-2005— Sections 4O and 9'2 of the MP. {CGJ 93 are'nending before the S.D.O.. who ut the said oiiicer is not taking anv both these matter have not been her submission is that the first case 2. whereas the second case was refers to the first order-sheet of both as Annexui‘es-P/Q 85 P/ l2. He also this petition maV be disnosed offwith/ XI—HC—78 EW,WI€W N PCC)N0 ..oo.o.ooo.o. ooo .o. 200 Wm (W) maw WWW mwm WW§NW ”éawm ”g“. a direction That th€ concel ned respondent should expedite the hearing of these cases at tie earliest, so that the provisions of Scction 40 K 1) of ths Act are ( made bv This limited nraver netitioner is not opposed by l The m‘ovisions of the that the State Government c enauirv as it may deem fit 1 bealer {a} if the has been. gu his duties 01" (b) if his conti interest of the Dublic. It fur removed unleSS he has bee] whv he Should not be remc contained. in this Section, legislature with effect from order in the enquny shall/a (lave from the date-of iasue officer bearer. The underlving nrinci; ile embodied in the second proviso‘ to be that the proceedings against the suh—section ill appears to officer bearers are to be com should be caused in termin more so because the posts ed to time. and if entire time of tenure oleted ranidlv and no inordinate delay ation of the said nroceedings. That is Panchavat are the post relat held bV the elected officer hearers of :onmiied with i its true spirit. n learned counsel for the eained counsel for the State. Section 4O I 1} of the Act would show r nrescribed authority may after such o make at anv time, remove an office iltv of misconduct in the discharge of nuance in ofrce is undesirable in the ther provided that no person shall be 1 given an opportunity to show cause ved from his office. After explanation a; second proviso is also inserted by 5.12.1997 which says that the final s far as possiblghe passed within 90 9f show cause notice to the concerned XI—HC—78 E‘W, Wan—gr;W m$wow€éc§6 b~g§i§ mummaiaw) P.T.O. $€