DILBAG SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners have sought writ in the nature of certiorari for quashing impugned order. Annexure P-4 dated 18th June, 2009 passed by respondent No. 2 Director Department of Rural Development and Panchayats on the enquiry report dated 17th March, 2009, Annexure P-2 submitted to him by Director Development and Panchayat Officer, Fatehgarh Sahib on the ground that same is non speaking and does not assign any reason for holding that no case was made out against respondent No. 5.

(2.) Brief factual background of the case is that election to Gram Panchayat Bilaspur was held in May, 2008. An auction of certain Shamlat land took place on 12th June, 2008 for the year 2008-09. In the said auction son of respondent No. 5 namely Sh. Dilbar Singh participated and his bid was accepted for two plots comprising in Shamlat land in the village. The petitioners complained against respondent No. 5 on the ground that her son could not have participated in the auction as she was the elected Panch of the village. An enquiry was conducted by the District Development and Panchayat Officer, Fatehgarh Sahib, who recommended action against respondent No. 5,-vide report, Annexure P-2. The matter thereafter, came up before Director Department of Rural Development and Panchayats who passed the impugned order. Annexure P-4. Operative part whereof reads thus :-

(3.) Learned counsel for the petitioners has argued that in view of Rule 6(1)(b) of Punjab Village Common Lands (Regulation) Rules, 1964, relative of a Panch/Sarpanch cannot bid for auction of any Shamlat land and thus, respondent No. 5 had misused her position as a Panch. According to learned counsel, the Director Department of Rural Development and Panchayats should have acted on the enquiry report dated 17th March, 2009. Annexure P-2 submitted by District Development and Panchayat Officer, Fatehgarh Sahib and ordered disciplinary action against respondent No. 5.