RANJIT SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Record reveals that petitioner was placed under suspension by the Director vide order dated 08.07.2011 under Section 20(4) of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as the Act) on the basis of preliminary enquiry report after issuing show cause notice and considering the reply to the show cause notice on the ground that Panches have complained that petitioner being Panch has forged signatures of the Panch on the resolution. Order dated 08.07.2011 has been upheld by respondent No. 1 vide order dated 08.08.2011.

(2.) Learned counsel for the petitioner has vehemently argued that although FIR was also registered against the petitioner on 28.10.2010, however, till date, police has not completed investigation and no challan could be filed before the Competent Magistrate. He has further stated that since petitioner was placed under suspension by invoking Sub-Section 4 of Section 20 of the Act, therefore, petitioner cannot be kept under suspension for indefinite period without any regular enquiry. He has correctly stated that petitioner can be placed under suspension under sub-section 4 of Section 20 of the Act only during enquiry. The apprehension of the learned counsel for the petitioner is that officers shall not hold any enquiry and shall keep the petitioner under suspension for the indefinite period.

(3.) I find some force in the argument of the learned counsel for the petitioner. Sarpanch/Panch can be placed under suspension by invoking sub- section 4 of Section 20 during the pendency of the enquiry for the alleged misconduct committed by him. If in the enquiry, petitioner is found to be guilty of misconduct, he can be removed from the post of Sarpanch/Panch, as the case may be, under Section 20(1)(e) of the Act. However, if petitioner is not found guilty for the alleged misconduct, there is no question of keeping the petitioner under suspension for the indefinite period.