Sujit Narayan Prasad, J. - (1.) This writ petition is under Article 226 of the Constitution of India, wherein order as contained in letter No. 343 dated 05.06.2018 (Annexure-1) issued by Deputy Commissioner Saraikela, Kharshawan is under challenge, whereby and whereunder the financial power of the petitioner which has been elected as Mukhiya, has been suspended.
(2.) Learned counsel for the petitioner submits by referring to the impugned order that there is a reference of departmental proceeding Circular No. 182 dated 04.07.2017 which has been annexed as Annexure-2, but very surprisingly the stipulation/provision made therein has not been complied with, to the effect that the provision of providing opportunity of hearing to the petitioner before suspending the powers of the Mukhiya as has been provided under Clause-III and IV, therefore, the authority has directly come to the provision as made under Clause-IV, therefore, the order passed by the Deputy Commissioner, Saraikela Kharshawan is not sustainable in the light of the provision made in the aforesaid circular, therefore, the same may be quashed.
(3.) Mr. Lal Chandrahas Nath Shahedoe, learned G.P.-IV appearing for the State of Jharkhand has defended the order impugned by submitting that it is the case where the financial allegation or irregularities has been levelled, for which an FIR has been instituted, therefore, the Deputy Commissioner Saraikela Kharshawan after considering the misconduct pertaining to financial irregularity has invoked the power conferred in the said Circular as contained under Clause-V, therefore, there is no infirmity in the same.;