ANANT RAM Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner impugns the recovery proceedings initiated against him for a sum of Rs. 508.10 in pursuance of an order passed by the Block Development and Panchayat Officer on April 13, 1971 under section 105 of the Punjab Gram Panchayat Act (for short, 'the Act') as applicable to Haryana.

(2.) The case of the petitioner in a nutshell is that in terms of sub- section (1) of section 105 a member of the Gram Panchayat can be held liable for the loss, waste or misapplication of any money or property belonging to the Panchayat if such loss, waste or misapplication is a consequence of his neglect or misconduct as a member of the Panchayat and according to the learned counsel for the petitioner there is no such finding recorded by the said Block Development and Panchayat Officer that the money sought to be recovered was either misapplied, lost or wasted as a consequence of the neglect or misconduct of the petitioner.

(3.) The case of the respondent authorities on the other hand, is that the petitioner along with other members of the Panchayat approved the utilisation or spending of a sum of Rs. 3448.50 which according to the authorities was either not spent or improperly spent and by approving this expense he made himself proportionately liable for the said amount. Even, if this position is accepted it is nowhere shown or held by the Block Development and Panchayat Officer as to how that money has been misapplied or misspent. Merely because the petitioner is a party to certain resolution approving the spending of that amount does not amount to as having caused the loss, waste or misapplication of the money. If the money has actually been lost, wasted or misapplied then that has happened prior to the passing of the resolution. Concurring or approving of that expense cannot possibly amount to having caused that loss or expense. For this short reasons alone, this petition deserves to succeed and is allowed. I, therefore, quash the impugned order Annexure 'D' and its affirmance by the Appellate Authority (Annexure 'E') on November 11, 1971. I, however, pass no order as to costs.