Section 145 in The Himachal Pradesh Panchayati Raj Act, 1994
145. Suspension of office bearers of Panchayats.
(1)The prescribed authority may suspend from office any office bearer -(a)[ who remained in custody for more than fourteen days on a criminal charge or otherwise or against whom charges have been framed in any criminal proceedings under chapter V-A, VI, IX-A, X, XII, sections 302, 303, 304-B, 305, 306, 307, 312 to 318, 336-A, 366-B, 373 to 377 of Chapter XVI, sections 395 to 398, 408, 409, 420, 436, 458 to 460 of Chapter XVII and Chapter XVIII of the Indian Penal Code, 1860 (45 of 1860) or under the Narcotic Drugs and Psychotropic Substances Act, 1985 (61 of 1985) or under sections 41 and 42 of the Indian Forest Act, 1927 (16 of 1927) or under subsection (1) of section 61 of the Punjab Excise Act, 1914 or any law for the time being in force for the prevention of adulteration of food stuff and drugs, suppression of immoral traffic in women and children and protection of civil rights; or] [Substituted by Himachal Pradesh Act No. 17 of 2008, dated 6.10.2008](b)who has been served with a notice alongwith a charge sheet to show cause under this Act, for his removal from the office;(c)where on a complaint made against him the preliminary enquiry prima-facie discloses the misappropriation, misutilization or embezzlement of Panchayat funds or he has been found guilty of misconduct in the discharge of his duties:Provided that any office bearer, if placed under suspension against whom charges have been framed in any criminal proceedings under clause (a), shall remain under suspension till the final decision of the competent court.(2)Where the inspection or an audit report discloses the misappropriation, misutilization or embezzlement of Panchayat funds by an office bearer of a Panchayat and the prescribed authority is satisfied that continuance in office of such a person will prejudice the enquiry under section 146 and apprehends tampering with record and witnesses, may suspend such a persons and in case he is in possession of any record, money or any property of the Panchayat, order him to handover such records, money or property to the Secretary of the Panchayat.(2A)No office bearer shall be placed under suspension under sub-section (1) or(2) unless he has been given an opportunity of being heard.(3)The order of suspension under sub-section (1) or (2) shall be reported, in the case of office bearers of Zila Parishad, to the Divisional Commissioner concerned, and in the case of office bearers of Panchayat Samiti and Gram Panchayat, to the Deputy Commissioner concerned, within a period of ten days from the date of suspension, who shall, thereafter within ten days from the date of receipt of such report, order enquiry under section 146 and shall complete enquiry and action within six months and in case enquiry and action is not completed within stipulated period, the suspension order shall be deemed to have been revoked and formal order shall be issued accordingly.(4)In the event of both the Pradhan and Up-Pradhan of Gram Panchayat, Chairman or vice-Chairman of Panchayat Samiti or Zila Parishad being suspended under subsection (1) or sub-section (2) the Gram Panchayat, Panchayat Samiti or Zila Parishad shall elect an office bearer qualified to hold the office of Pradhan or Chairman, as the case may be, such person shall perform all the duties and exercise all the powers of Pradhan or Chairman, as the case may be, during the period for which suspension continues.(5)A person who has been suspended under sub-section (1) or sub-section (2) shall also forthwith stand suspended from the office of member or office bearer of any other Panchayat of which he is a member or office bearer. Such person shall also be disqualified for being elected, under the Act during his suspension.(6)[***] [Sub-section (6) omitted vide Act No. 17 of 2005.]
