BALDIP PAL SINGH Vs. FINANCIAL COMMISSIONER

JUDGEMENT

(1.) The conspectus of the facts, culmiating in the commencement, relevant for the limited purpose of deciding the core controversy involved, in the instant writ petition and emanating from the record, is that in the wake of general Gram Panchayat elections, Manjinder Kaur (respondent No.3) was elected as a Sarpanch of Gram Panchayat of village Raja Kalan, District Hoshiarpur, in view of the provisions of The Punjab Panchayati Raj Act, 1994 (hereinafter to be referred as "the Act"). Petitioners Baldip Pal Singh and Pakhar Singh, Lambardar (complainants) moved a complaint (Annexure PI) against her, with regard to misappropriation of bricks and causing loss to the Gram Panchayat amounting to Rs. 21,340/-. In pursuance thereof, the Block Development and Panchayat Officer (for brevity "BDPO") has directed respondent No.3 to deposit the indicated amount in the account of Gram Panchayat. The matter was got enquired by the BDPO and the Sarpanch was found guilty of causing mis-appropriation of panchayat funds. He submitted his report dated 4.6.2009 (Annexure P5) to the District Development and Panchayat Officer (for short "DDPO"), recommending action against her in this regard.

(2.) The petitioners claimed that the Director, Rural Development and Panchayat-respondent No.2 (for brevity "Director") marked the regular enquiry to Additional Deputy Commissioner (D), Hoshiarpur (in short "ADC"), by virtue of letter/order dated 7.7.2009 (Annexure P6). The ADC submitted his report dated 29.9.2009 (Annexure P8) to the Director. Taking cognizance of the report of regular enquiry conducted by the ADC, the Director removed respondent No.3 from the post of Sarpanch, by way of order dated 17.11.2009 (Annexure P9).

(3.) Dissatisfied with the order (Annexure P9), Manjinder Kaur respondent No.3 filed the appeal, without impleading the petitioner-complainants as parties and the Financial Commissioner and Secretary, Department of Rural Development and Panchayats, Punjab (respondent No. 1) (for short "appellate authority") accepted her appeal, without issuing any notice or providing opportunity of being heard to them (complainants) and reinstated her on the post of Sarpanch, by means of impugned order dated 14.12.2009 (Annexure P10).