Gujarat High Court Case Information System
Print
SCA/4141/2010 2/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4141 of 2010
======================================
DODIYA
RANJANBEN BHAGVANBHAI & 4 - Petitioners
Versus
STATE
OF GUJARAT THROUGH SECRETARY & 5 - Respondents
======================================
Appearance :
MR
HRIDAY BUCH for the Petitioners.
MS TRUSHA PATEL, AGP for
Respondent Nos.1 & 2.
MR PV HATHI for Respondent No.3.
MR
GOPINATH AMIN for Respondent
No.6.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 18/08/2010
ORAL
ORDER
1. Rule.
Ms.Trusha Patel, learned Assistant Government Pleader waives service
of notice of Rule on behalf of respondent Nos.1 & 2.
Mr.P.V.Hathi, learned advocate waives service of notice of Rule on
behalf of respondent No.3 and Mr.Gopinath Amin, learned advocate
waives service of notice of Rule on behalf of respondent No.6.
2. In
the facts and circumstances of the case and with the consent of
learned advocates appearing on behalf of the respective parties, the
present petition is taken up for final hearing today.
3. By
way of this petition under Articles 226 and 227 of the Constitution
of India, the petitioners against whom the proceedings were initiated
under Section 57(1) of the Gujarat Panchayat Act, have prayed for an
appropriate writ, order and/or direction, quashing and setting aside
the impugned order dated 29/12/2009 passed by respondent No.2 –
Additional Development Commissioner, State of Gujarat, Gadhinagar in
Appeal/Revision Application No.94 of 2009, by which, the Revisional
Authority has dismissed the said Appeal/Revision Application
confirming the order passed by District Development Officer, Junagadh
dated 10/07/2009 in removing the petitioners as Members of the
Jinjari Gram Panchayat under Section 57(1) of the Gujarat Panchayats
Act.
4. Proceedings
came to be initiated against the petitioners by District Development
Officer, Junagadh under Section 57(1) of the Gujarat Panchayats Act
and the petitioners were required to show cause as to why the
petitioners should not be removed as Members of the Jinjari Gram
Panchayat on account of irregularities committed by not constructing
51 Cesspool (Shoshkunva). After giving an opportunity of being heard
to the petitioners, District Development Officer, Junagadh vide order
dated 10/07/2009 removed the petitioners as Members of the Jinjari
Gram Panchayat.
Being
aggrieved by and dissatisfied with the order dated 10/07/2009 passed
by District Development Officer,Junagadh in removing the petitioners
as Members of the Jinjari Gram Panchayat, the petitioners have
preferred the Revision Application/Appeal No.94/2009 before the
Additional Development Commissioner, State of Gujarat, Gandhinagar.
It is the specific case on behalf of the petitioners that 51
Cesspool (Shoshkunva) were constructed and it was requested to hold
necessary inspection/ inquiry. It is also the case on behalf of the
petitioners that the petitioners also produced photographs in support
of their contention that 51 Cesspool (Shoshkunva) were constructed
and no irregularity has been committed by the petitioners. It is the
case on behalf of the petitioners that without verifying the same,
Additional Development Commissioner, State of Gujarat, Gandhinagar by
impugned order dated 29/12/2009 dismissed the said Appeal/Revision
Application confirming the order dated 10/07/2009 passed by District
Development Officer, Junagadh.
Being
aggrieved by and dissatisfied with the aforesaid two orders removing
the petitioners as Members of the Jinjari Gram Panchayat, the
petitioners have preferred the present petition under Articles 226
and 227 of the Constitution of India.
5. Considering
the submissions made by learned advocate appearing on behalf of the
petitioners that in fact 51 Cesspool (Shoshkunva) were constructed
and the same can also be verified, this Court passed following order
on 09/08/2010:
Shri
Buch, learned advocate for the petitioners has submitted that as such
all the petitioners who are members of Jinjari Gram Panchayat are
removed mainly and solely on the ground that they have
misappropriated a sum of Rs.92,462/- as 51 pot-well though were
supposed to be constructed were not constructed and payment was made
as if 51 pot-well are constructed. Shri Buch, learned advocate for
the petitioner has submitted from the very beginning the case on
behalf of the petitioners was that in fact all the 51 pot-well were
constructed and there is no misappropriation at all and in fact the
very petitioners now to carry out the inspection. It is submitted
that even petitioners are ready and willing to show the place where
51 pot-well were constructed even today and they are ready and
willing to identify the spots where the 51 pot-Well was constructed.
It is submitted that he has no objection even an inspection is
carried out today and respective petitioners are ready and wiling to
show the spots where the 51 pot-well constructed at the relevant
time. It is submitted that if ultimately on inspection it is found
that there are no 51 pot-well constructed in that case, petition must
fail.
Under
the circumstances, it will be in the fitness of things that let there
will be a fresh inspection by Deputy District Development Officer and
let the petitioners and/ or one of the petitioner show the spots
where 51 pot-well were alleged to have been constructed and let the
Deputy District Development Officer submit the report before this
Court and point out how many pot-well are there which are alleged to
have been constructed at the relevant time. Stand over to 18.08.2010.
Direct service is permitted. To be placed in first board.
6. Pursuant
to the aforesaid order passed by this Court, an Inquiry Report has
been submitted by Deputy District Development Officer (Panchayat),
District Panchayat, Junagadh along with Affidavit of Deputy District
Development Officer (Panchayat), District Panchayat, Junagadh and
from the same, it appears that pot-wells were constructed. Therefore,
the matter is required to be remanded to the Additional Development
Commissioner, State of Gujarat, Gandhinagar for deciding
Appeal/Revision Application No.94 of 2009 afresh in light of the
Inquiry Report dated 15/08/2010 submitted by the Deputy District
Development Officer (Panchayat), District Panchayat, Junagadh, which
shall be carried out pursuant to the order passed by this Court dated
09/08/2010.
7. Under
the circumstances and without further entering into the merits of the
case and considering the Inquiry Report dated 15/08/2010 submitted by
Deputy District Development Officer (Panchayat), District Panchayat,
Junagadh, the impugned order dated 29/12/2009 passed by Additional
Development Commissioner, State of Gujarat, Gandhinagar in Appeal/
Revision Application No.94/2009 is hereby quashed and set aside and
the matter is remanded to the Additional Development Commissioner,
State of Gujarat, Gandhinagar to decide the same afresh in accordance
with law and in light of the Inquiry Report dated 15/08/2010
submitted by Deputy District Development Officer (Panchayat),
District Panchayat, Junagadh, which is pursuant to the order passed
by this Court. The aforesaid exercise shall be completed by the
Additional Development Commissioner, State of Gujarat, Gnadhinagar
within a period of four weeks from the date of receipt of copy of
this order. Rule is made absolute to the aforesaid extent. No costs.
Direct
service is permitted.
[M.R.SHAH,J]
*dipti
Top