Team Goemkarponn
PANAJI: The Goa bench of the Bombay High Court has disposed of a writ petition filed by Anthea Lynn Pereira, Sarpanch of Majorda-Utorda-Calata, after the State government assured that no punitive action would be taken against her without adhering to the procedures laid down under the Goa Panchayat Raj Act, 1994.
During the hearing, Additional Government Advocate Sulekha Kamat clarified that the July 30 order issued by the Director of Panchayats was limited to initiating an inquiry into a complaint regarding an inspection and did not amount to immediate disciplinary action. She further assured the court that if any adverse findings were reached, the process outlined under Section 50 of the Act would be strictly followed.
Pereira had moved the High Court apprehending that she could be penalised without being granted the statutory right to a hearing. Section 50(4) of the Act mandates that a Sarpanch facing charges of misuse of powers must be given an opportunity to present her defence before any decision is taken.
The inquiry stems from a complaint lodged by the Managing Director of KHR Hospitality India Ltd, who alleged that the Panchayat conducted a site inspection without involving the Goa Coastal Zone Management Authority (GCZMA), thereby breaching procedure.
While disposing of the petition, the court underlined that it was not expressing any opinion on the merits of the matter and left all issues open for consideration at a later stage. Pereira thus remains protected from immediate action, though the inquiry proceedings will continue.
