Mangalpur Gram Panchayat Level Federation, Jajpur v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
WP(C) No.22931 of 2022 (Through Hybrid mode) Mangalpur Gram Panchayat Level Federation, Jajpur and another ....
Petitioners Mr. M. Wright, Advocate -versusState of Odisha and others ....
Opposite Parties Mr. A. K. Nanda, AGA CORAM: JUSTICE ARINDAM SINHA
ORDER
28.10.2022 Order No.
05.
1.
Mr. Wright, learned advocate appears on behalf of petitioners. He submits, his clients constitute Gram Panchayat Level Federation (GPLF) in respect of Mangalpur Gram Panchayat. They are aggrieved by order dated 23rd June, 2022 made by Deputy Collector, impugned in the writ petition. This is so because by impugned order, opposite party no.6 stands transferred as Master Book Keeper (MBK) to Mangalpur Gram Panchyat. He refers to GPLF operation manual, clause 3.5. He submits, opposite party no.6 was involved in financial irregularity while serving as MBK in Trijanga Gram
// 2 // Panchayat. In the circumstances, his clients approached the Deputy Collector resisting the prayer for transfer but it will appear from impugned order, their contention was not considered at all. 2.
Mr. Nanda, learned advocate, Additional Government Advocate appears on behalf of State and submits, his instructions are that contentions in opposition to the transfer, made to Deputy Collector by petitioner/GPLF, were considered in making impugned order. There has been no finding of financial misappropriation by opposite party no.6. There should not be interference. 3.
On query from Court Mr. Wright submits, there has not been direction for issuance of notice on opposite party no.6. 4.
Notwithstanding absence of opposite party no.6, there is no necessity to notice her at this stage. Reliance by petitioners upon clause 3.5 in the operation manual has caused Court to notice following clause 3.5.1 bearing sub-clause (3), reproduced below. "The GPLF-EC will have the right to remove the Master book-keeper and CRP from its services for reasons it deems sufficient, including financial misappropriation, poor performance, or any other reasons deemed to adversely affect the functioning of the GPLF & SHG."
// 3 // The GPLF, on finding misappropriation, as alleged, have the power to remove opposite party no.6. As it stands, said opposite party was working as MBK in Trijanga Gram Panchayat and after bifurcation, stands transferred to Mangalpur Gram Panchayat. No interference is warranted against impugned order.
5.
The writ petition is disposed of.
(Arindam Sinha) Judge Prasant