ABHEY RAM Vs. FINANCIAL COMMISSIONER-CUM-SECRETARY, GOVT OF HARYANA DEVELOPMENT AND PANCHAYAT DEPARTMENT

JUDGEMENT

(1.) The petitioner-Abhey Ram, Mahabir, Baljeet Singh are holding the posts of Sarpanch, Up-Sarpanch and Panch respectively of Gram Panchayat Kheri, Block Uklana, District Hisar. They have invoked jurisdiction of this Court under Article 226 of the Constitution of India for quashing of the order dated 17.7.1998 passed by the Deputy Commissioner Hisar respondent No. 30 under Section 51(1)(a) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act') suspending them from their respective posts. They have also prayed for quashing of the order dated 14.1.1999 passed by the Financial Commissioner and Secretary to Government of Haryana, Development and Panchayat Department vide which he dismissed the appeal filed by them under Section 51(5) of the Act.

(2.) The facts necessary for deciding the issue raised in the writ petition are that Kapoor Singh, Secretary, Mini Bank lodged First Information Report No. 179 dated 17.8.1995 at Police Station, Uklana suggesting the commission of offence by the petitioners under Sections 186 and 353 I.P.C. by making the following allegations :-

(3.) After about one year, respondent No. 3 issued notices dated 26.5.1996 and 26.6.1996 to the petitioners to submit reply in respect of the allegations levelled against them in the FIR. They filed replies and denied the allegations. After considering their replies along with the remarks of the Sub Divisional Officer (/civil), he passed order Annexure P.2 dated 10.9.1997 for holding regular enquiry under Section 51(1)(a) of the Act and suspended the petitioners on the ground that they have been accused of having committed offences involving moral turpitude. The appeal filed by the petitioners under Section 51(5) of the Act has been dismissed by the Financial Commissioner.