Radha Devi Vs State of Hp and Others

In view of the urgency pointed out by the petitioner, the matter has been heard at this stage with the consent of learned counsel for the parties on both sides.

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The petitioner was serving as Pradhan, Gram Panchayat Mehla, Development Block Mehla, District Chamba. She was placed under suspension on 08.09.2025. Feeling aggrieved, the

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petitioner instituted Radha Devi Vs. Deputy Commissioner & Ors² .

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1 Whether reporters of the local papers may be allowed to see the judgment?

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2 CWP No. 14824/2025

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2

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Vide interim order dated 12.09.2025 passed in the said petition, operation of the order dated 08.09.2025 was stayed. The writ petition is stated to be still pending adjudication. The respondents, however, proceeded further in the matter. Respondent No.3 on 15.09.2025 appointed the Sub Divisional Officer (Civil), Chamba as Inquiry Officer with directions to submit regular inquiry report. Charges were also framed against the petitioner and made part of the order dated 15.09.2025. Inquiry was conducted by the Sub Divisional Officer (Civil) Chamba.

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The petitioner is aggrieved by the show cause notice issued to her on 28.04.2026 by respondent No.3-Deputy Commissioner, District Chamba. The said show cause notice is based upon the regular inquiry report furnished by the Sub Divisional Officer (Civil), Chamba. From the show cause notice dated 28.04.2026 (Annexure P-6), it appears that the inquiry report furnished by the Sub Divisional Officer (Civil) on 09.03.2026 proved the charges levelled against the petitioner. On the basis of this inquiry report, respondent No.3 issued the show cause notice to the petitioner on 28.04.2026 as to why she should not be held ineligible under the Himachal Pradesh Panchayati Raj Act, 1994. Recovery of an amount of Rs.21,54,635/- has also been proposed against the petitioner.

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3

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Learned counsel for the petitioner submitted that, in view of the show cause notice issued to the petitioner on 28.04.2026, the petitioner has not been provided No Objection Certificate by the concerned Gram Panchayat for contesting the ensuing elections of Gram Panchayat Mehla, District Chamba. Learned counsel further contended that the show cause notice dated 28.04.2026 was issued to the petitioner without supplying a copy of the inquiry report furnished by the Sub Divisional Officer (Civil), Chamba. Learned counsel also contended that the petitioner had not even been supplied the chargesheet appended with office order dated 15.09.2025 (Annexure P-3).

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When the matter was taken up in the forenoon session, learned Assistant Advocate General was directed to obtain instructions about veracity of petitioner’s assertions and as to whether a copy of the inquiry report dated 09.03.2026, which formed the basis of the show cause notice dated 28.04.2026, had been supplied to the petitioner or not. When the matter was taken up again in the post lunch session, learned Assistant Advocate General, on the basis of instructions imparted to him by the District Panchayat Officer, Chamba, H.P., submitted that the inquiry report furnished by the Sub Divisional Officer (Civil), Chamba has not been supplied to the petitioner. This being the admitted position, the show cause notice issued to the petitioner on 28.04.2026 cannot be said to be in

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4

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consonance with law. The petitioner would not be in a position to defend herself and file effective reply to the impugned show cause notice, as the notice is based upon an inquiry report dated 09.03.2026, copy whereof has not been supplied to the petitioner.

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For the aforesaid reasons, the impugned show cause notice dated 28.04.2026 is quashed and set aside. Consequences shall follow. However, the respondents shall be at liberty to proceed in the matter afresh in accordance with law.

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The instant petition to stand disposed of in above terms. All pending miscellaneous application(s) to also stand disposed of.

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07^th May, 2026(rohit)

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Jyotsna Rewal Dua Judge

Radha Devi v. State of Hp and Others

Case brief

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Radha Devi v. State of Hp and Others

Case brief

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