- (1.) This is a petition Under Article 226 of the Constitution and is directed against an order of suspension passed against the Petitioner, who is the Pradhan of the Gaon Sabha of village Loni.
(2.) The Petitioner was elected as the Pradhan of the Goan Sabha, Loni, in the year 1961. It appears that subsequently in September, 1962, a report was made against him by opposite parties Nos. 3, 4 and 5 to the effect that he had encroached upon the land of the Gaon Sabha and had also permitted others to make similar encroachments. On the receipt of the complaint, the Tehsildar got an enquiry made through the Naib Tehsildar, who found that the Petitioner had in fact encroached upon the land of the Gaon Sabha. In fact the Naib Tehsildar found that not only the Pradhan himself had encroached upon the land of the Gaon Sabha, but had allowed other persons also to encroach upon the land of the Gaon Sabha and to construct shops thereon. The Naib Tehsildar accordingly sent a report to the Tehsildar which is dated 26-10-1962. The Tehsildar sent the said report to the Sub-Divisional Officer with the following endorsement: S.D.O. If approved Pradhan may be placed uftder suspension for these misdeeds and S. Kgo. may be asked to report all cases of encroachments within 15 day's and to obtain explanation of the Pradhan for these misdeeds. Sd/- -H.L. Gupta. 31.10.1962 Tehsildar. The Sub-Divisional Officer thereupon passed the following order: Approved, as proposed at "A". The Pradhan is placed under suspension with immediate effect and he shall submit his explanation within two weeks. S.K. Loni to inquire and report cases of encroachment. Sd/- -R. Vasudevan, SDO, 8-11-1962. It is against this order of suspension passed by the Sub-Divisional Officer that this writ petition is directed.
(3.) Learned Counsel for the Petitioner has challenged the order of suspension on two grounds: (a) that no order of suspension could be passed against the Petitioner as he was not an employee of the State Government, and (b) that the Petitioner had not been accused of any offence involving moral turpitude and as such he could not be suspended.;