The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No.26874 of 2024 Subash Chandra Pangi …. Petitioner Mr. S.K. Dalai, Advocate -Versus- State of Odisha and others …. Opposite Parties
Legal Reasoning
Mr. R. Pradhan, ASC CORAM: MR. JUSTICE R.K. PATTANAIK
Decision
ORDER 04.11.2024 1. Heard Mr. Dalai, learned counsel for the petitioner and Mr. Pradhan, learned ASC for the State opposite parties. 2. Instant writ petition is filed by the petitioner challenging the impugned order under Annexure-1 and to declare the same as illegal and to allow him to continue in the office as the Sarpanch on the grounds stated. 3. Mr. Dalai, learned counsel for the petitioner submits that the order of suspension i.e. Annexure-1 is not sustainable in law, inasmuch as, the petitioner, a Sarpanch has been suspended in holding the office, which is in clear violation of Article 243 of the Constitution of India. It is further submitted that the disciplinary proceeding though has been initiated in the meantime but there has been no real progress despite orders of this Court in W.P.(C) Nos.3821 and 10379 of 2023 dated 10th February, 2023 and 13th May, 2024 respectively. The contention of Mr. Dalai, learned counsel is that the order of suspension with reference to Section 19 Page 1 of 4 of the Odisha Gram Panchayat Act, 1964 (hereinafter referred to as ‘the Act’) is not in accordance with law and furthermore, no reason has been assigned in Annexure-1, a statuary requirement in view of Section 115(2) of the Act. The further contention is that neither the disciplinary proceeding is concluded yet nor the order of suspension is removed and the petitioner as an elected representative cannot be denied to hold the office of Sarpanch indefinitely, hence, therefore, the impugned order under Annexure-1 is liable to be interfered with and set aside in the interest of justice. 4. On the contrary, Mr. Pradhan, learned ASC for the State submits that since the petitioner was involved in a criminal case and was arrested, in view of Section 19 of the Act, with the sanction of the Government, he has been placed under suspension with effect from 3rd April, 2022. It is further submitted that the disciplinary proceeding has been initiated as per Section 115(2) of the Act. 5. In reply and response to the above, Mr. Dalai, learned counsel for the petitioner submits that not only the order of suspension is unjustified, arbitrary and illegal but also such an order cannot have a retrospective effect since it relates to an anterior date i.e. 3rd April, 2022, the date on which, the petitioner was arrested in the criminal case. 6. In course of hearing, it is brought to the notice of the Court by Mr. Dalai, learned counsel for the petitioner that there has been no progress in the disciplinary proceeding as yet despite the Court’s orders in W.P.(C) Nos.3821 and 10379 of 2023. Page 2 of 4 7. Having regard to the fact that the Government has taken a decision to suspend the petitioner and denying him to discharge the duty and responsibility as a Sarpanch as assigned in terms of Section 19 of the Act but for the fact that no reason has been assigned in Annexure-1, the contention is that such a decision does not have the sanction of law. In fact, as per Section 115(2) of the Act, the State Government, pending initiation of the proceeding, by order may suspend a Sarpanch or Naib Sarpanch, as the case may be, from the office for reasons to be recorded in writing. In the instant case, as it appears, due to the involvement of the petitioner in a criminal case and he having been arrested in 2022, it has prevailed upon the Government to take a decision and to suspend him but quite interestingly, from anterior date i.e. 3rd April, 2022. It is not disputed by learned counsel for the State that the disciplinary proceeding has not made any real progress. 8. Regard being had to the facts pleaded on record and submission of Mr. Dalai, learned counsel for the petitioner and response of the State, the Court is of the view that either the disciplinary proceeding should be concluded at the earliest which has already been directed in W.P.(C) Nos.3821 and 10379 of 2023 or else to revoke the order of suspension i.e. Annexure-1 because it cannot continue indefinite especially when the petitioner to be an elected representative. Law is well settled that a decision to suspend such a representative should be taken with care and caution. It is also well settled that a discretion and power under Section 115(2) of the Act is to be sparingly exercised in respect of an elected representative. Nonetheless, since a disciplinary proceeding has already been initiated but the fact that the order of suspension is Page 3 of 4 ever since 2022, the Court is of the further view that necessary direction is required to be issued to opposite party No.1 to either ensure closure of the departmental proceeding within a stipulated period or else revoke the order of suspension so that the petitioner may be permitted to act as Sarpanch discharging duties and responsibility as per Section 19 of the Act with a peremptory direction in that regard as the same would rather serve the purpose and advance the cause of justice. 9. Accordingly, it is ordered. 10. In the result, the writ petition stands disposed of with the direction as aforesaid. It is further directed that opposite party No.1 shall do well to bring an end to the departmental proceeding initiated against the petitioner within four weeks from today otherwise, if it is not concluded within the above time fixed, to consider immediate revocation of the order of suspension i.e. Annexure-1. It is also directed that the petitioner shall appear before opposite party No.1 on 11th November, 2024 in connection with the departmental proceeding, whereafter, it shall be continued so as to be conclude within the time stipulated and further to carry out the above direction issued vis-à-vis Annexure-1, if such proceeding is not closed within the time prescribed. 11. Urgent certified copy of this order be issued as per rules. (R.K. Pattanaik) Judge Signature Not Verified Digitally Signed Signed by: THAKURDAS TUDU Designation: Sr. Stenographer Reason: Authentication Location: OHC,CTC Date: 05-Nov-2024 11:52:21 TUDU Page 4 of 4