IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR w.P. No. M93“ [2005 ‘ 1/ Brajesh Kumar ingh, S/o. Shri Kamta Prasad Singh, age 32 years, Occupation— Sarpanch, R/o.'Vi11age &'Post ~ Bargawan, District Surguja. PETITIONER VERSUS RESPONDENTS State of Chhattisgarh through Secretary, Panchayat & Rural Welfare Department, Mantralaya, D.K.S.Bhavan, Raipur (C.G.) Director, Panehayat, State of Chhattisgarh,’ Raipur (C.G.) Collector, urguja at Ambikapur (C.G.) Chief Executive Officer, Janpad Panchayat, Ambikapur. l . Urrnila Devi, W/ o. Ramdev, aged 42 years, Occupation— Housewise (ExaSarpanch), Village—Bargawan, District Surguj a' at Ambikapur. % Durga Pra‘sad Choubey, s/o. Ram Narayan- Choubey, Occupation-ExSecretary, Grampanehayat—Bargaw’an, R/o. Village Bargawan, District Surguja (C.G.) / - ( ._ WRIT UNDER ARTICLE 226/227 OF THE CONSTITUTION OF 'INDIA FOR. ISSUANCE OF A SUITABLE WRIT, ORDERS OR DIRECTION. S d S Q XI-HC-22 mmaw%a learned counsel for respondents é 13-09-2096 Shri D.N. Prajapati, Iearned Counsel for the petitioner. Shri Arun Sao, learned Govt. Advocate for the State/ respondents No.1 to 3. None for respondent No.4. , Shri Gurudev Sharan, No.5 & 6. Arguments heard: Order dictated as-foiiows. ~ 1 , ORAL oRoER r i By way of this writ petitidn filed under Article 226r’227 of the Constitution of indiavthe petitioner, who is an elected Sarpanch of Gram 1 . Panchayat Bargawan. has pra ed for taking action against the respondents No.5 & 6 who were th Ex-Sarpanch and Ex-5ecretary of the i 1 said Gram Panchayat and it ha also been prayed that appropriate directions should be issued ag inst the State authorities to make appointment of Secretary-of Gram anchayat. Bargawan. e (2) The brief facts, as stated by learned counsel for the petitioner, are ‘ that previously respondent No.5 w the Sarpanch and respondent No.6 Was the Secretary of the Gram Pa chayat Bargawan. Later on both the respondents were removed and ultmately the petitioner was elected as _ . _ c; 1 #xa. Tee) / XI—HC—22 HW,W,W WW€D/qg405 mm r 2'06 we: mmww ~l" WWEWW I $331%1w1%¥T W the Sarpanch of the aforesaid Gram Panchayat. Learned counsel submits that thereafier the petitioner made various reports to the higher authorities regarding financial irregularities committed by the respondents No.5 & 6, but no action on the said reports have been taken by the State authorities. it is also submitted that though the post of Secretary is lying vacant since long back, the State is not taking any steps for appointment of Secretary for the Gram Panchayat, due to which the work of Gram Panchayat is being affected. He prays for appropriate directions in this regard also. (3) Return on behalf of respond nts No.1 to 3 has been filed. Vide para 9 and 1O of the aforesaid return, hich is in reply to para 5.5 and 5.6 of the petition, it has been stated th tthe alleged irregularities, which have been said to be committed by the x-Sarpanch are being enquired by the Officer deputed for this purpose. l has further been pleaded that if any irregularity is detected, the Ex-Sar anch will be dealt with in accordance with the Rules. lt has further been very specifically stated that the alleged irregularities committed by Ex-S rpanch and Ex-Secretary are being enquired into by the concerned O icer and action will be taken against them as above. A document (An exure-R-1/1) has also been filed in support of the said contention oft State. The aforesaid document isa ‘/-L heale‘a) XI—HC—22 3a W, WW, WET Wm 200 mémo bearing No.564 dated 15-3-2005 by which the Deputy Director, Panchayat and Social Welfare, Sarguja, has directed the Chief Executive Ofticer, Janpad Panchayat Ambika pur, District Sarguja, for enquiring into the allegations made in the complaint against the respondents within a period 15 days. A copy of the complaint was also annexed alongwith the said memo. (4) These are the facts, placed on record by the State, which go to show that the steps regarding enquiry have been taken by the State and it is learnt that if on the preliminary enquiry the private respondents are found guilty, they will be dealt with im accordance with law. (5) Learned Govt. Advocate, at pearing on behalf of the State, also assures that as soon as the enqui report is received, further action shall be taken. However, he also submi that since a long period has elapsed from 15-3-2005, the action must hav already been taken in this behalf.‘ k (6) About the second grievanc regarding therappointment [of the i Secretary, learned counsel for the p titioner submits that the Ex-Secretary inamely respondent No.6 (Durga Pr sad Choubey), after his removal had filed legal proceedings_before the tatutory authority, against which a g w. W mW mmmw Hg? WW&‘WW m %y%qm XI—HC—22 3am, W;W W wffii35q”, z 2 WW 9% 00 W WW§WW mmww r W” amaum petition bearing W.P.No.1215/2 6 is separately med by the Sarpanch of > Gram Panchayat Bargawan Le. he petitioner herein and on this ground, he is not pressing this relief in th present writ petition. (7) In view of what. has be n stated earlier, this petition is finally disposed of with the observation that if on the enquiry made in pursuance to memo dated 15-3-2005 som financial irregularities are prime facie found to be committed by respondents No.5 and 6, the State will take necessary actions against them on the said enquiry report in accordance with law. (6) For early action. a copy of this order shall be produced before the District Collector by the petitioner alongwith an application so that further delay may not occur in this matte”. ' Sd/_ {kW/z Sunil Kumar Sinha . i Judge (its W) ’