05H®¥ BEFORE THE HON’BLE HIGH COURT OF CHHATTISGARH AT BILASPUR C.G. In the Matter of w.P.No. 9 4’9 /2003 PETITIONER Sariganch Gram Panchayat Khamhariya 3 RaJQSQ Xgdu) :rillage and head Quarter Khamhariya Yadu, Tah. Baloda Bazar, Distt. Raipur (Chhattisgarh). Versus RESPONDENTS \ 1) Secretary, State of Chhattisgarh, Department through the of . 9 Panchayat, D.K.S. Bhawan, Raipur (Chhattisgarh) Panchayat, Baloda Bazar, Ta. Baloda Bazar, District Raipur (C.G.) 3) (Collector, Distt. Raipur (CG) 7 . ) Roopchand Bos, son of Purshottam Bos, aged about 27 years, Sachiv Panchayat Karmi of Gram Panchayat Khamhariya (Yadu) and resident of village Khamhariya (Yadu) Tah Baloda Bazar, Distt. Raipur (CG /§3§~ S 2) The Chief Executive Officer, Janpad ’ §WPETITION UNDER ARTICLE 226 27 OF THE CONSTITUTION OF 4 ‘ INDIA FOR ISSUANCE OF WRIT IN THE NATURE OF MANDAMUS CERTIORARI AND OR ANY OTHER COMMAND OF LIKE NATUR b( %§%&¢3 ) & WW§ ...... éAWNoqw wet!w (Wt?) Wmm (a;m zoo Wwx¥wm himm 20.02.2004 Shn' Roop Najk, counsei Shri P. Das, Panel Lawy for respondent No.4. Shri C.R. Sahu, counsei Heard. The petitioner who is Sarpanch of the Gram Panchayat Khamariya, Tahsil Baloda Ba zar has preferred this writ petition Constitution of India for quashing under Article 226/227 of the 13.02.200‘. the order dated Collector whereby the remove stayed. ;o' tiling of this wn‘t petition are that anchayat Kai-mi who was elected as 'ya in accordance with Section 69 The respondent No.4 indulged ' g with the documents of village in .mal—practices and tampe Panchayat, minute books Panchayat by converting Therefore, the Villagers mad a complaint to the Sub Divisional 1 The brief facts leading ‘ the respondent No.4 is the P‘ Secretaxy of the Village Kh of the Panchayat Raj Adhiniy for the petitioner. er for the State. E (Annexure P-l) passed by the d ofrthe respondent No.4 has been d was misusing the funds of the e said fund for his o'wn use. gym-43,75 awed—50,000. Of£cer and. on the basis of that complaint an 6nquiry was conductsd and after completion of the enquiry the Enquhy Of&cer submitted the report to the Jan‘pad Panchayat, Baloda Bazar and held the respondent No.4 guilty for financial irregulan‘ties. When no action was taken against the respondent No.4 in pursuance of the enquiry report, the Villagers made a representation to the Sub Divisional Omcer and ultimately Sub Divisional O$cer, Baloda Bazar requested the Chief Executive Onicer, Janpad Panchayat, Baloda Bazar vide order da:ed 26.12.2003 to remove the respondent No.4 fromr the posi of Secretary till the enquiry for disciplinary action is completc and further to hand over the charge to some other person. After receipt of the order (Annexure P-4) the Chief Executive onice r, passed an order removing the respondent No.4 from the post of village Secretary, copy of which is Annexure P—5 to the writ petition. Against the said order the respondent No.4 has tiled a revision before the Collector and as . per Section 91 of Panchayat Raj Adhiniyam revision is not maintainable even then the Collector has granted stay in favour of the respondent No.4. Hut; 0a petitioner submits that the stay Learned counsel for the granted in favour of the respo:i( submits that the Collector is n01 ' deciding the revision filed by the respondent No.4 and the same than one year. Therefore, h respondent No.3 may be direc‘ied to decide the revision at the earliest to which learned coun sel .for the respondents has no objection. Having heard learned cot regard to the facts and circumst No.3-Collector is directed to respondent No.4 as early as 1 months. With the above direction, t he petition stands disposed of. 316/ 2003 an LA. Nos,6776/2oo3, Consequently, M.W. P. No. 572i O4 (35 653/ 2004 for urgentl rearing also stand disposed of. /i,, sw- L.c.BHADOO Judge tent No.4 is arbitraxy. He further Ls pending before him since more e submits that the Collector— ix J,, (‘1 ,’ ZN {Id msel for the parties and having ances of the case, the respondent decide the revision filed by )ossible but not later than two Vf/ [ul%W Certified copy as per Rules.