IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR.JUSTICE S. SUNIL DUTT YADAV WRIT PETITION No.51218/2019 (LB-RES) Between:
Sri T. Nagaraju, Aged about 36 years, S/o Late Thimmayya, President of Markonahalli Grama Panchayat, R/a Markonahalli, Markonahalli Post, Amruthur Hobli, Kunigal Taluk, Tumkur District – 572 111. … Petitioner (By Sri. P.P. Hegde, Advocate) And:
1. The State of Karnataka by Department of Rural Development and Panchayat Raj, M.S. Building, Ambedkar Vidhi, Bengaluru – 560 001.
2. The Regional Commissioner, Banglore Division, 2nd Floor, B.M.T.C. Building, Shanthi Nagar, K.H. Road, Bangalore – 560 027.
3. Chief Executive Officer, Tumkur Zilla Panchayat, Tumkur – 572 101.
4. Markonahalli Gram Panchayat, Kunigal Taluk, Tumukur – 572 130 Represented by Panchayat Development Officer, Markonahalli Gram Panchayat. … Respondents (By Smt. Prathima Honnapura, AGA for R1 & R2; Notice to R3 & R4 is dispensed with) This Writ Petition is filed under Articles 226 & 227 of the Constitution of India, praying to quash the impugned order dated 14.10.2019 passed by the R-2 in proceeding vide Annexure-C and etc.
This Writ Petition coming on for preliminary hearing this day, the Court, made the following:
ORDER Issue notice to the respondents.
Learned Additional Government Advocate accepts notice for respondents 1 and 2.
2. Petitioner who is the president of the Markonahalli Grama Panchayat has filed the present writ petition seeking for necessary directions to respondents 1 and 2 to afford a fair opportunity of hearing and an opportunity to cross-examine the witnesses and to lead evidence in the proceedings pending in No.¥ÁæDPÀ/C©üªÀÈ¢üÞ/¹Dgï/08/2019-20.
3. It is the case of the petitioner that a show cause notice was issued, copy of which is enclosed as Annexure-A and the same has been replied by the petitioner and not being satisfied with such reply, proceedings have been initiated by the 2nd respondent under Section 43-A of the Karnataka Gram Swaraj and Panchayat Raj Act, 1993 (for short ‘the Act’). Copy of the order sheet reflecting day-to-day proceedings is produced at Annexure-C and the petitioner submits that certain documents were produced by the authority and the petitioner had made a request for furnishing copy of such documents to the petitioner. However, without the documents being furnished to the petitioner matter is being posted for finalization on 14.10.2019. It is further submitted that the procedure that is required to be followed while conducting proceedings under Section 43-A of the Act would mandate affording a fair opportunity of participation in the proceedings.
4. In light of the specific request of the petitioner to be served with copies of documents by the 3rd and 4th respondents in the enquiry proceedings, it would be appropriate that the petitioner be granted copies of said documents and hence, the matter is required to be reopened from the stage at which it was posted on 14.10.2019. The 2nd respondent to afford an opportunity to the petitioner for the purpose of leading evidence as regards the documents produced by respondents 3 and 4 and the request for cross- examination can be considered in an appropriate manner. Both parties are reserved with liberty to produce documents/lead evidence afresh if they desire to do so.
5. In light of the observations made above, the 2nd respondent to re-open the proceedings and afford an opportunity to the petitioner. Subject to said direction, petition is allowed.
Notice to respondents 3 and 4 is dispensed with as there is no adverse order as such that is being passed. It is made clear that observations made herein are only to afford fair opportunity to the petitioner to enable him to participate in the proceedings and observations made herein would not be construed to be conclusive findings on any aspect of the matter.
Needless to state that report of the 2nd respondent to the 1st respondent would be after the proceedings as noticed above.
Sd/- JUDGE VP