Telangana High Court
G Surender vs The State Of Telangana And 6Others on 16 December, 2022
Bench: Lalitha Kanneganti
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
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
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
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. 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.
