THE HON'BLE SMT. LALITHA KANNEGANTI
WRIT PETITION No. 44989 OF 2022
O R D E R:
This Writ Petition is filed seeking the following relief: " to issue appropriate writ, direction of mandamus or any other appropriate writ or direction declaring the action of Respondent No.3 in issuing show cause notice No. 1501/2020- B1(Pts.) dated 0312.2022 to show cause as to why the petitioner should not be removed as Sarpanch as per Section 37(1) of Telangana Panchayat Raj Act, 2018 as illegal, arbitrary, exercise of powers contrary to law and against the provisions of Telangana Panchayat Raj Act and in violation of petitioner's rights guaranteed under Article 14, 16 and Article 21 of the Constitution of India and consequently, set aside the show cause notice No. 1501/2020-B1(Pts.), dated 03.12.2022 and to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
2. Sri Siripuram Keshava, learned counsel for petitioner submits that a show cause notice was issued to the petitioner on 03.12.2022 whereby enquiry was conducted without giving any opportunity to petitioner. He submits that the official respondents have pre-judged the issue and have come to a conclusion that an amount of Rs.39,38,057/- was misappropriated by the petitioner. Learned counsel relying on the order passed in Writ Petition No. 10327 of 2022, which pertains to departmental enquiry, submits that before conducting enquiry, the person concerned requires notice and 2 hearing. He submits that in the light of the law laid down by this Court, enquiry cannot be conducted without issuing any notice and in the absence of said notice, issuance of show cause notice to the petitioner is bad and the same has to be set aside.
3. Both the learned Standing Counsel for the gram panchayat Sri P. Kishore Rao as well as learned Government Pleader for Panchayat Raj submit that they will come up with a detailed counter-affidavit.
4. Section 37 of the Telangana Panchayat Raj Act, 2018 deals with powers of District Collector to remove Sarpanch and intimate deemed removal. As per Section 37(5), if the District Collector is of the opinion that a Sarpanch of a gram panchayat omitted or refused to carry out the orders of government for the proper working of the gram panchayat concerned or abused his position or the powers vested in him, and that the further continuance of such person in office would be detrimental to the interests of the gram panchayat concerned or the inhabitants of the village, the District Collector by order, suspend such Sarpanch from office for a period not exceeding six months, pending investigation into the said charges and action thereon under the foregoing provisions of this section and the order cannot be passed unless the person concerned has been 3 given an opportunity of making a representation against action proposed.
5. In this case, as per the available records of the gram panchayat, there is misappropriation of Rs.39,38,057/-. Basing on a preliminary enquiry report, the official respondents have issued a show cause notice. It is always open to the petitioner to submit his explanation. Without submitting his explanation to the show cause notice, the petitioner relied on a judgment with regard to the disciplinary proceedings against an employee, whereas the petitioner is Sarpanch of the gram panchayat. Hence, this Court finds no reason to interfere with the show cause notice dated 03.12.2022 and this Court cannot accept the contention of the petitioner that the official respondents have pre-judged the issue. In this case, the official respondents have not taken a decision to place the petitioner under suspension, hence, no prejudice is caused to the petitioner by this proceedings.
6. In view of the same, whatever the petitioner's objections are, he should submit the same to the official respondents by way of an explanation pursuant to the notice dated 03.12.2022. Learned counsel for the petitioner submits that petitioner received the notice on 07.12.2022 and time is 4 granted up to 17.11.2022 to submit his explanation. In view of the same, this Court finds it appropriate to extend the time till 20.12.2022. The petitioner shall submit his explanation by 20.12.2022 and the official respondents shall pass appropriate orders on the same, in accordance with law, duly putting the unofficial respondent on notice. As this Court is directing the official respondents to issue notice to the unofficial respondent, issuance of notice to the unofficial respondent is not necessary.
7. The Writ Petition is accordingly, disposed of. No order as to costs.
8. The Miscellaneous Applications, if any shall stand automatically closed.
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LALITHA KANNEGANTI, J 16th December 2022 ksld 5 6
5. In view of the above discussion, as the respondents have not given any opportunity to the petitioner before passing the order impugned, the order impugned is set aside by directing the respondents to pass appropriate orders after considering the reply.