A Grama Panchayath Data Entry Operator challenged her suspension and initiation of penal proceedings for alleged misappropriation of panchayat funds. The High Court found no arbitrariness in the resolution and declined to interfere.
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NC: 2024:KHC:24309 WP No. 15774 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF JULY, 2024 BEFORE
THE HON'BLE MR JUSTICE B M SHYAM PRASAD WRIT PETITION NO. 15774 OF 2024 (S-RES)
BETWEEN:
SMT. SARITHA D/O SEENA AGED ABOUT 36 YEARS R/AT VIJAYANAGARA COLONY IGOORU POST, SOMWARPET TALUK KODAGU DIST 571251.
…PETITIONER
(BY SRI. CHARAN KUMAR K V.,ADVOCATE)
AND:
Digitally signed by ANAND N Location: HIGH COURT OF KARNATAKA
NC: 2024:KHC:24309 WP No. 15774 of 2024
…RESPONDENTS
(BY SRI.PRINCE ISAC., AGA FOR R1)
THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA PRAYING TO SET ASIDE THE RESOLUTION DATED 02/01/2024 PASSED BY THE R2 VIDE ANNEXURE-A.
THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner was working as a 'Data Entry Operator' with Igooru Grama Panchayath, Somwarpet Taluk, Kodagu District, and the petitioner is aggrieved by the second respondent's Resolution dated 02.01.2024 [Annexure-A]. This Resolution, amongst others, states that the petitioner has been
NC: 2024:KHC:24309 WP No. 15774 of 2024
kept under suspension and penal proceedings are initiated for misappropriation of its funds.
It is seen from this Resolution that, with the Panchayath confronting the petitioner about the misappropriation on more than one occasion, she has agreed to deposit the amount but has failed to deposit the amount despite opportunity. The resolution to keep the petitioner under suspension and initiate criminal proceedings is in the light of the afore. Consequently, FIR in Crime No.04/2024 is also registered with the jurisdictional Police, and the petitioner, being served with the show cause notice against the charges, has filed her response.
In the circumstances as aforesaid, this Court is not persuaded to opine that there must be interference especially with the petitioner not establishing the ground to demonstrate that the order is either arbitrary or otherwise. Hence, the petition
NC: 2024:KHC:24309 WP No. 15774 of 2024
stands disposed of without prejudice to the
petitioner's rights available in law otherwise.
Sd/JUDGE
AN/-
1 issue framed by the court
Whether the Grama Panchayath's resolution suspending the petitioner as Data Entry Operator and initiating penal proceedings for alleged misappropriation was arbitrary and liable to be set aside.
1 provisions across 1 enactments
Smt. Saritha D/o Seena
The State of Karnataka by its Secretary to Department of Rural Development and Panchayath Raj
Panchayath Development Officer, Igooru Gramapanchayath
Executive Officer, Taluk Panchayath, Somwarpet
Chief Executive Officer, Zilla Panchayath Kodagu District, Madikeri
B M SHYAM PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
