IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF FEBRUARY 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.50690/2018 (LB-RES) Between:
Smt. Ambika S., W/o Rangaswamy, Aged about 28 years, Ex-President, Burujanaroppa Gram Panchayat, R/o Koravatti, Imangala Hobli, Burujanaroppa (Post), Hiriyuru Taluk, Chitradurga District – 577 532. … Petitioner (By Sri K.B. Onkara, Advocate) And:
1. The State of Karnataka, Rep. by its Principal Secretary, Department of Rural Development & Panchayatraj, M.S. Building, Bangalore – 560 001.
2. The Chief Executive Officer, Zill Panchayat, Chitradurga, Chitradurga District – 577 501.
3. The Panchayat Development Officer, Burujinaroppa Gram Panchayat, Burujinaroppa, Imangala Hobli, Hiriyuru Taluk, Chitradurga District – 577 532.
4. Kumari Shruthi S., D/o T.Shanthanna, Aged about 24 years, Vice President (In Charge President), Burujanaroppa Gram Panchayat, Hiriyuru Taluk, Chitradurga District – 577 532. … Respondents (By Sri M.A. Subramani, HCGP for R-1; Sri Praveen Kumar, Advocate for R-2; Sri R.Shashidhara, Advocate for R-3; Sri Kethan Kumar, Advocate for R-4) ***** This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to set aside the impugned order passed by the respondent No.1 dated 07.11.2018 removing the petitioner from the post of Adhyaksha and from the membership of the Burujinaroppa Gram Panchayat as per Annexure-A and etc.
This Writ Petition coming on for Orders this day, the Court made the following:
ORDER The petitioner, who is the President of Burujinaroppa Gram Panchayat, Hiriyur Taluk, Chitradruga District has questioned the legality of the order at Annexure-A dated 07.11.2018 whereby, the petitioner has been removed from the post of President as well as her membership has been cancelled pursuant to the enquiry as contemplated under Section 43A and 48(4) of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (‘the Act’ for brevity).
2. The petitioner points out that the show cause notice came to be issued as per Annexure-C dated 01.07.2017 wherein, the petitioner was called upon to reply and show cause as regards the allegation of financial impropriety said to have been made in the execution of various projects and in light of the report dated 25.05.2017 of the Chief Executive Officer, Zilla Panchayat. The petitioner further states that as regards the allegation as made out in the report dated 25.05.2017, a detailed reply came to be submitted as per Annexure-E dated 21.07.2017.
3. The petitioner states that in the operative portion of the impugned order at Annexure-A dated 07.11.2018, a finding is recorded that the petitioner has not conducted meetings since 02.11.2017, as a result of which, no developmental activities could take place resulting in misconduct. Accordingly, the impugned order came to be passed removing the petitioner from the post of ‘Adhyaksha’ as well as cancelling her membership.
4. The petitioner points out that the finding arrived at is contrary to the contents of show cause notice as per Annexure-C dated 01.07.2017. It is also pointed out that in the impugned order, there is only narration of various acts of financial impropriety, but the finding that has been made at para-2 of page-3 of the impugned order relates only to not holding of meetings resulting in affecting execution of developmental activities which was not the subject matter of show cause notice.
5. A perusal of the order at Annexure-A also reveals that there is no finding as regards the allegations that stemmed from the report dated 25.05.2017 on the basis of which the show cause notice was issued. The impugned order records findings as regards non-convening of the meeting by the Adhyaksha, when such allegation was never a part of the show cause notice. Taking note of the fact that the finding is contrary to the allegations made out in the show cause notice, the enquiry stands vitiated.
6. The first respondent Principal Secretary, Department of Rural Development and Panchayat Raj, who is conducting the enquiry is required to afford an opportunity of personal hearing to the petitioner and conclude the proceedings with respect to the allegations made out in the show cause notice. The Enquiry Authority cannot consider the allegations which are not the subject matter of show cause notice.
7. Liberty is however reserved as regards the other allegations which are not part of the show cause notice to be proceeded in accordance with law after observing principles of natural justice and affording sufficient opportunity. Insofar as the enquiry relating to allegations in the show cause notice, the same is to be concluded on the basis of the available material and evidence on record and on such material and evidence that may come forth in the proceedings to be resumed. The petitioner is at liberty to place additional documents or pleadings.
8. The petitioner is directed to be present before the Principal Secretary for the purpose of availing of personal hearing on 25.02.2019 at 3.00 p.m. If, for any reason the date is found unsuitable, the petitioner is to be issued with fresh notice and after the appearance of petitioner, the proceedings are to be concluded within a period of six weeks thereof. All contentions of the parties are kept open.
9. Accordingly the order at Annexure-A dated 07.11.2018 is set aside and the proceedings are to be conducted subject to the observations made above. The material placed on record could be taken note of when the enquiry proceedings would resume in accordance with the directions made above.
10. In view of the disposal of main matter, I.A.No.1/2019 for direction does not survive of consideration. It is disposed of as having become redundant.
VGR Sd/- JUDGE