1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR LETTERS PATENT APPEAL NO.331 OF 2010 IN WRIT PETITION NO.551 OF 2010 (Sau. Mandatai w/o Domaji Nikhade vs. Hon'ble Minister, Rural Development and others) __________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. Shri A.P. Thakre, Advocate for appellant. ------ CORAM : D.B. BHOSALE AND P.B.VARALE, JJ. DATED : JULY 23, 2010 Heard Shri Thakre, learned Counsel for the appellant. This appeal is directed against the order dated 19/4/2010 passed by learned Single Judge in Writ Petition No.551/2010. In the writ petition, the petitioner challenged the order of her removal passed under Section 39 of the Bombay Village Panchayats Act, 1958 (for short, “the Act”). We have perused the order passed by the learned Single Judge so also other material placed 2 before the Court. The only contention advanced by learned Counsel for the appellant was that enquiry was not conducted by the Chief Executive Officer as contemplated by the first proviso to sub-section (1) of Section 39 of the Act. We have perused the said provision. The learned Single Judge so also the appellate Authority on the basis of the material on record have recorded a categorical finding that enquiry was conducted by the Chief Executive Officer personally and in view thereof, the contention of the appellant was rejected. In the circumstances, we find no merit in the appeal. The appeal accordingly fails and is dismissed as such. JUDGE JUDGE khj