Dist collector has no power to suspend a panchayat exec officer: HC

Cuttack: Orissa high court has ruled that a district collector has no power to place a panchayat executive officer (PEO) under suspension.
The bench of Justice S K Panigrahi stated that a PEO serves under the disposal of the panchayat. "Hence, the power to take disciplinary action against panchayat executive officers rests with the gram panchayat and not with state officers such as the collector," Justice Panigrahi ruled recently, while quashing the Dhenkanal collector's order placing the PEO of Sankulei and Kankadahad gram panchayats of Dhenkanal Sadar block under suspension.
Sunil Kumar Parida was placed under suspension by the collector on Feb 8, 2024, based on the report of Dhenkanal Sadar block development officer (BDO) alleging misconduct, gross negligence in govt duties, indiscipline and unauthorised absence. Parida filed a petition questioning the legality of the suspension order passed by the collector.
Justice Panigrahi also observed, "The court finds it necessary to intervene, as the suspension order dated Feb 8, 2024, issued against the petitioner, was neither reviewed nor extended within the stipulated 90-day period."
"Suspension cannot be allowed to persist indefinitely, particularly in the absence of any valid justification for such an extension," Justice Panigrahi further said, adding, "Accordingly, the continued suspension of the petitioner is in violation of established legal principles and is consequently invalid."
Justice Panigrahi further clarified that in matters concerning suspension, courts generally exercise restraint and refrain from interfering with orders unless it is demonstrated that it was passed in bad faith or lacks prima facie evidence connecting an employee to the alleged misconduct. "The scope of judicial review in suspension matters is not to serve as an appellate forum. Rather, the court's role is to ensure that the actions of the concerned authority adhere to the principles of natural justice, and that the suspension is not arbitrary or devoid of a reasonable basis," Justice Panigrahi said.