BALJEET SINGH SARPANCH GRAM PANCHAYAT BHATGAON DUNGRAN & OTHERS Vs. THE COMMISSIONER CUM SECRETARY GRAM PANCHAYAT HARYANA, CHANDIGARH AND OTHERS

JUDGEMENT

(1.) In the writ petition the petitioner challenged his suspension as Sarpanch by an order of the Deputy Commissioner dated 7.10.1991 (Annexure P.4). He had filed an appeal before the Commissioner and Secretary to Government Haryana Development and Panchayats Department, which was also dismissed on 9.10.1991 (Annexure P-4). The writ petition was admitted by the Motion Bench on Oct. 21, 1991, but the Motion Bench declined to stay the operation of the impugned order. Miscellaneous application No. 7831 of 1991 was moved that the order of suspension be stayed in view of the fact that the very basis of suspending the petitioner no more exists. The petitioner was suspended on the basis of an F.I.R. lodged against him, being FIR No. 189 of 1990 under section 452, 354, 323/34 I.P.C. at Police Station Sadar, Sonepat.

(2.) With the consent of the parties counsel, instead of passing any interim orders in the miscellaneous application, I proposed to dispose of the main writ petition itself.

(3.) I have heard learned counsel for the parties in the main writ petition. With the miscellaneous application, Annexure P-6 has been attached which is a certificate from the Moharrir Head Constable of P.S. Sadar, Sonepat that the FIR in question lodged against the petitioner has been cancelled. It is not disputed before me that the suspension of the petitioner from the office of Sarpanch was wholly based on the FIR referred to above. That having been cancelled, no more basis exists for suspending the petitioner. In this view of the matter, orders of suspension by the Deputy Commissioner dated 7.10.1991 :(Annexure P-3) and the appellate order of the Commissioner dated 9.10.1991 (Annexure P-4) are liable to be quashed.