Rameshwar Vs. State of Rajasthan - Court Judgment

Excerpt:
constitution of india - article 226--panctayat office locked by secretary--held, disciplinary authority to inquire into & take action against secretary.;the record of the matter may kindly be called for and examined, and writ of mandamus may be issued against respondents directing them to make arrangements for opening the lock of the panchayat office.;the above grievance can be properly enquired into be the disciplinary authority and if necessary, action can be taken against the erring gram panchayat secretary.;order accordingly - - it is, therefore, humbly prayed that the record of the matter may kindly be called for and examined, and writ of mandamus may be issued against respondents directing them to make arrangements for opening the lock of the panchayat office and make available all the record of panchayat to the petitioner as well as the panchayat body and further to take action against the secretary shri bihari lal sharma, respondent no. 6 in pursuance of his mis-conduct and in failure in performing his statutory duties and also take action in pursuance of enquiry report of chief executive officer, zila parishad, dausa dated 16.1.96. 2. the above grievance can be properly enquired into by the disciplinary authority and if necessary, action can be taken against the erring gram panchayat secretary.n.l. tibrewal, j.1. the main prayen in the writ petition is thus:it is, therefore, humbly prayed that the record of the matter may kindly be called for and examined, and writ of mandamus may be issued against respondents directing them to make arrangements for opening the lock of the panchayat office and make available all the record of panchayat to the petitioner as well as the panchayat body and further to take action against the secretary shri bihari lal sharma, respondent no. 6 in pursuance of his mis-conduct and in failure in performing his statutory duties and also take action in pursuance of enquiry report of chief executive officer, zila parishad, dausa dated 16.1.96.2. the above grievance can be properly enquired into by the disciplinary authority and if necessary, action can be taken against the erring gram panchayat secretary. in view of this, the petition is disposed of in the following terms(i) that the petitioner shall be free to make a representation/complaint before the disciplinary authority for the deeds of misconduct if any, against respondent no. 6;(ii) if any such presentation/complaint is made along with a certified copy of this order within three weeks from today, the disciplinary authority shall examine the complaint and if necessary, direct for a disciplinary enquiry against respondent no. 6. it is made clear that primarily it is statutory duty of the disciplinary authority to take action against any of the employees of the penchayat samiti for his misconduct.3. the petition stands disposed of as indicated above with no order as to costs.