- (1.) It is for the second time, the petitioner being aggrieved by the order of cessation of powers, both administrative and financial as Zila Panchayat Adhyaksha, has approached this Court. Previously, an order was passed on the same charges ceasing the administrative and financial powers vide order dated 14.2.08, which became the subject matter of challenge in Writ Petition No. 1609 (MB) of 2008 and which order was quashed by this Court on 1.4.08. The writ petition was thus, allowed. Liberty was, however, given to the State for holding a fresh enquiry, if it so desires. In response to the liberty given by the Court, the present order has been passed.
(2.) Initially, the petitioner approached this Court by filing Writ Petition No. 873 (MB) of 2008 with the plea that some enquiry had already been conducted and, therefore, fresh enquiry cannot be conducted under Rule 4(1) of the Rules of 1997 but that writ petition was dismissed on the instructions received by the State counsel that no finding has been passed against or in favour of the petitioner nor any enquiry has been conducted against her. The Court, while dismissing the writ petition, gave liberty to the petitioner to approach this Court, in case any order is passed or action is taken against him. This order was passed on 14.2.08.
(3.) Later on, preliminary enquiry was conducted and the administrative and financial powers were ceased, which order was challenged in Writ Petition No. 1609 (MB) of 2008, which was allowed on 1.4.08, quashing the order dated 14.2.08. Two Special Leave Petitions were filed against the judgement and order passed by this Court in Writ Petition No. 1609 (MB) of 2008. The first one was dismissed on 15.5.08. This SLP was filed by one of the members of the Committee, constituted by the State Government, who was a complainant also.;