9911796707
TMI Blog1969 (3) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... the Gaon Sabha of Asapur District Faizabad. The Sub-Divisional Officer, Sadar, Faizabad placed him under suspension as per his order of September 18, 1963. The order in question reads as follows : Sri Shambhoo Narain Singh, Pradhan of Gram Sabha and Chairman Land Management Committee of village Asapur is placed under suspension with effect from the immediate date. He is further directed to hand over the charge to the Up-Pradhan of Gram Sabha, Asapur. The Up- Pradhan will function as Pradhan till further orders. The charge sheet against Sri Shambhoo Narain Singh will follow. Sd/- S. M. Abbas, P.C.S. Sub-Divisional Officer, Sadar, Faizabad. The validity of this order is being challenged in these proceedings. It is the common ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or a Panch, Sahayak Sarpanch or Sarpanch of a Nyaya Panchayat it the conditions mentioned therein are satisfied. But that power is admittedly a power to punish. No specific power to suspend a Pradhan pending enquiry into the charges levelled against him has been conferred on the State Government. This much is conceded. In view of s. 96A the power conferred on the Government under s. 95 can be delegated to any officer or authority subordinate to it subject to such conditions and restrictions as the Government may deem fit to impose. The State Goverment's power under s. 95 (1) (g) has been delegated to Sub-Divisional Officers. Therefore if the State Government is held to have power to suspend an office- bearer of a Gaon Sabha pending enq ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se there is no question of suspending a servant from performing the duties of his office even though the contract of service is subsisting. In the case of a master and his servant it is a well established right of the master to give directions to his servant relating to his duties. That power includes within itself the right to direct the servant to refrain from performing his duties but that does ,not absolve the liability of the master to pay the remuneration contracted to be paid to the servant unless otherwise provided in the contract, even during the period the servant is required not to perform his duties. The Goan Sabha is the creature of a statute. Its powers and duties as well as the powers and duties of its officers are- all re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the mere power to punish an offender would have been held sufficient to arrest and detain him pending enquiry and trial. There would have been no need to confer specific power to arrest and detain persons charged with offences before their conviction. The un-sustainability of the contention of the appellant would become obvious on an examination of the various provisions of the Act. Under the impugned order, the appellant had directed the up-Pradhan to officiate as Pradhan during the suspension of the respondent. Our attention has not been invited to any provision either in the Act or in the rules framed there under -under which the, appellant could have made such an order. If he could not have made that order, as in our opinion he could no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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