Telangana High Court sets aside notice seeking removal of sarpanch

In  a relief to the sarpanch of Bommakal gram panchayat, the Telangana High Court set aside the notices issued by the Karimnagar District Collector to the sarpanch, who had allegedly committed fraud and other irregularities and is facing 22 criminal cases. The court observed that the authorities concerned did not follow the procedure prescribed in the Telangana Panchayat Raj Act, 2018, while issuing notices for his removal from the post of sarpanch.

Justice T Amarnath Goud recently passed this order while allowing the petition filed by sarpanch P Srinivas seeking direction to the respondent authorities - Principal Secretary to Panchayat Raj and Rural Development, Karimnagar District Collector and District Panchayat Officer - from taking disciplinary action against him.

Petitioner’s counsel J Ravi Shankar contended that the two notices issued to his client were ‘predetermined notices’, and that the sarpanch was not put on notice about the alleged irregularities on his part. He also contended that the report of the three-member committee appointed by the Collector to look into the irregularities was submitted behind his back. The notices were given with a political motivation, he argued. On the other hand, the government counsel for the Panchayat Raj Department submitted that the authorities concerned issued notices to the petitioner and that there was no violation of principles of natural justice. 

After hearing the case, Justice Amarnath said it appeared that a final conclusion was made even before the submission of an explanation. He said that it seemed that the Collector simply gave the notices based on the report submitted by the committee and no charges were framed for offering explanation and for causing any enquiry on specific charges. Such a practice should be deprecated, the judge noted, and allowed the petition by setting aside the impugned notices.