MOHINDER SINGH Vs. DEVELOPMENT COMMISSIONER

JUDGEMENT

(1.) This petition under Articles 226 and 227 of the Constitution of India has been filed for quashing the order of the Government dated February 15, 1977 (Annexure P-5) removing the petitioner from the office of Chairman of the Panchayat Samiti, Shahkot, District Jullundur.

(2.) The petitioner was placed under suspension on April 20, 1976 vide Annexure P-1 and the Divisional Deputy Director, Panchayati Raj and Community Development, Jullundur Division, Jullundur was appointed the enquiry officer to conduct enquiry on the following charges levelled against him :-

(3.) The petitioner has challenged the impugned order solely on the ground that the misconduct on the basis of which he has been removed was never the subject-matter of the charge-sheet or of the enquiry. The respondent Development Commissioner and Secretary to Government Punjab, in the written statement admitted that the Chairman could not be removed without a proper enquiry. It was, however, pleaded that during the course of the enquiry it came to light that the petitioner postponed the meeting held on February 27, 1976 indefinitely without fixing any time or date. Consequently, in the show cause notice, Annexure P-2, this charge was also entered and as the petitioner failed to submit any reply to this charge he was validly removed under section 103 of the Panchayat Samitis and Zila Parishads Act.