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2020 (5) TMI 721 - HC - Indian LawsSeeking a writ of mandamus to appoint an SIT, or any other investigating agency, to inquire into the matter regarding mis-utilization and misappropriation of public money, and to take action against the culprits - Seeking declaration directing the State authorities to take appropriate action against the private respondent, to seize his financial powers thereby preventing him from misappropriating public money, and to declare his continuance in office as illegal - petitioners were not given an opportunity of being heard before placing them under suspension. Whether the first proviso to Section 138(4) of the Act, whereby an opportunity of hearing is required to be given, would apply even in the case of suspension, or whether it would apply only where the services of the Village Pradhan are sought to be terminated? Whether the power, to place a Village Pradhan under suspension, is a quasi-judicial power? Whether such a power, conferred on the State Government under Section 138(4) of the Act, can be delegated by them to the District Magistrate under Section 146 of the Act? Whether the provisions of the Panchayati Raj Act can be applied for taking action against a Village Pradhan for alleged irregularities on his part in the execution of MGNREGA works? HELD THAT:- The validity of the notification dated 09.06.2017, delegating powers under Section 138 of the Act to the District Magistrate, is upheld. Since the requirement of the first proviso to Section 138(4) would apply in the case of suspension also, the Village Pradhans, whom the District Magistrates seek to place under suspension, must be given a show cause notice furnishing details as to why such action is proposed to be taken. The Village Pradhan should also be given a reasonable opportunity of submitting a representation thereto, a reasoned order should be passed by the District Magistrate thereafter, and only then may action, if need be, be taken by the District Magistrate to place the concerned Gram Pradhan under suspension. Petition disposed off.
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