DHUP SINGH Vs. PHULLA RAM

JUDGEMENT

(1.) This reference to the Full Bench has arisen by virtue of an order dated 16.11.1987 passed by a Division Bench. The said referral order reads as follow:

(2.) The referral order shows that the issue referred to the Full Bench for consideration is as to whether before revoking a suspension order passed against a Panch or a Sarpanch of a Gram Panchayat, it is necessary to hear the complainant on whose complaint the order of suspension had been passed?.

(3.) No one is present on behalf of the petitioner. However, we have gone through the judgments referred to in order dated 16.11.1987and the records of this case with the assistance of Mr. Randhir Singh, Addl. Advocate General, Haryana. On going through the judgments referred to in the reference order, we find that the view taken by a Division Bench of this Court in Ram Saroop v. Director of Panchayats Haryana, Chandigarh and Ors.,1983 PLJ 350 does not have any essential difference of opinion with the view expressed in Suresh Chand and Ors. v. Director of Panchayats, Haryana and Ors.,1979 PLJ 116. The view taken by a Division Bench of this Court in Ram Saroop's case (supra) is that there is no necessity of giving an opportunity of hearing to the person who makes a complaint if the authority concerned wants to revoke its own earlier order based on the complaint because the complainant is merely an informant and cannot be party to a lis or an aggrieved party. The view taken by the Division Bench reads as under: