JAGBIR SINGH Vs. FINANCIAL COMMISSIONER AND SECRETARY, GOVT OF PUNJAB, RURAL DEVELOPMENT AND PANCHAYAT DEPARTMENT AND ANR

JUDGEMENT

(1.) Written statement filed on behalf of respondent No. 2, today in Court, is taken on record.

(2.) The present petition has been filed by the Sarpanch of Gram Panchayat, Village Salana Jiwan Singh Wala, Tehsil Amloh, Distt. Fatehgarh Sahib with a prayer that order dated 9.11.2009, Annexure P6, passed by respondent No. 1 be set aside and the order dated 16.7.2009, Annexure P5, passed by the Director, Rural Development and Panchayats, Punjab, Chandigarh (hereinafter to be referred as, 'the Director') whereby Gurmit Singh, Jarnail Singh, Inder Singh, Piara Singh and Smt. Jaspal Kaur, Panches of the Gram Panchayat were removed be maintained.

(3.) Case of the petitioner is that he made a complaint to Block Development and Panchayat Officer, Amloh (hereinafter to be referred as, 'the BDPO') that Panches of Village were not co-operating with him and they were colluding with the encroachers and acting against the Gram Panchayat. The complaint was forwarded by the BDPO to the Director, who vide order dated 2.3.2009, Annexure P3, suspended Gurmit Singh, Jarnail Singh, Inder Singh, Piara Singh and Smt. Jaspal Kaur, five Panches of the village Gram Panchayat. Thereafter, vide order dated 16.7.2009, Annexure P5, they were removed. Aggrieved against the same, those Panches had filed an appeal. The Appellate Authority came to the conclusion that for non-participation Panches could be removed under Section 20(1)(d) of the Panchayati Raj Act (hereinafter to be referred as, 'the Act') but since the Panches had attended the meeting and had not agreed to the resolution proposed by the Sarpanch, they could be removed from the post of Panch under Section 21(1)(f) of the Act.