Amar Nath Varma, J. - (1.) This petition is directed against an order dated 27.1.77 passed by the Sub Divisional Officer suspending the Petitioner. The relevant facts are that the Petitioner was elected as Sarpanch of Nyay Panchayat Mubankpur Mali, tahsil Kasganj, district Etah. On 4.11.1976, the Petitioner was served with a charge sheet by the Sub Divisional Officer listing certain charges against the Petitioner. It was stated that the Petitioner should submit his reply within a week failing which the Sub Divisional Officer will take further action against him. The Petitioner submitted his reply to these charges. Thereafter, the SDO passed the impugned order on 27.1.77, In the order it is stated that upon inquiry and on a perusal of the necessary papers, it seems that the Petitioner was guilty of serious irregularities besides misusing the powers Accordingly, the Petitioner was being suspended forthwith.
(2.) Aggrieved by the aforesaid order, the Petitioner has approached the court by way of petition under Article 226 of the Constitution. For the Petitioner it is urged that the impugned order amounts to suspension as a measure of punishment it does not disclose any reasons as to how the Petitioner has abused his position or in what respect he was guilty of irregularities. It is contended that the Petitioner's right to act as Sarpanch has been taken away in an arbitrary manner by the Sub Divisional Officer. Learned Counsel also submitted that there is nothing to indicate that the impugned order was passed under Clause (sg) of Sec. 95 of the Panchayat Raj Act under which Sarpanch could be suspended pending enquiry against him or a contemplated enquiry. No enquiry is either pending or contemplated. Consequently, the impugned order must be treated as one of suspension as a measure of punishment under the unlamented Sec. 95(g) of the Panchayat Raj Act.
(3.) Having heard the learned Counsel for the Petitioner, we find no merit in the above contention The only ground on which the Petitioner is describing the impugned order of suspension as a measure of punishment against him is that the same was preceded by an enquiry inasmuch as a charge sheet was submitted to him. The Petitioner on bis part had given a reply to the same. Thereafter, the impugned order of suspension was passed against him.;