GURMUKH SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Concisely, the facts, which need a necessary mention for the limited purpose of deciding the core controversy, involved in the instant writ petition and emanating from the record, are that in the wake of general Gram Panchayat election, held in the month of May, 2008, petitioner was first elected as Panch and, thereafter, was elected as a Sarpanch of Gram Panchayat of village Ibrahimpur, Block Bhunerheri, District Patiala, in view of the provisions of The Punjab Panchayati Raj Act, 1994 (herein after to be referred as ''the Act'').

(2.) The petitioner claimed that one Gurdial Singh (respondent No. 5) filed a complaint against him with the allegations that he is in illegal possession of the Gram Panchayat land, bearing Khasra No. 264(6-0) bigha. In the wake of the complaint and preliminary enquiry, the petitioner was suspended on 11.11.2608 and regular enquiry was ordered to be conducted. After completion of the enquiry, the District Development and Panchayat Officer-respondent No. 4 (for brevity ''the D.D.P.O''), submitted his report dated 9.9.2009 (Annexure PI) to the Director, Rural Development and Panchayat Department, Punjab, Chandigarh-respondent No. 2 (for brevity ''the Director'') exonerating the petitioner from the charges alleged against him. However, the report (Annexure PI) did not find favour and the Director entrusted the indicated enquiry to Divisional Deputy Director, Rural Development and Panchayat, Patiala-respondent No. 3. Having completed the regular enquiry, respondent No. 3 submitted his enquiry report dated 06.04.2010. On the basis of which, the Director removed the petitioner from the post of Sarpanch, vide impugned order dated 28.05.2010/04.06.2010 (Annexure P2).

(3.) Aggrieved by the order (Annexure P2), petitioner filed the appeal, which was dismissed as well by the Financial Commissioner and Secretary, Punjab Government, Rural Development and Panchayat Department, Chandigarh respondent No.1 (for short ''Appellate Authority''), by way of impugned order dated 06.09.2010 (Annexure P3).