SAHIB SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHEREAS , counsel for the petitioner, for the proposition that the Deputy Commissioner, while exercising powers under Section 51(1) of the Haryana Panchayati Raj Act, 1994, has to observe the principles of natural justice and besides providing adequate opportunity to explain to the concerned person, has also to record sufficient reasons to support his cause that because of the allegations or registration of the criminal case against the delinquent, he (delinquent) will not be in a position to perform his duties as Sarpanch, relies upon a Division Bench judgment of this Court in Mange Ram v. Financial Commissioner & Secretary to Govt., Development and Panchayat Department, 1997(2) RCR 387, which in turn is based upon Full Bench judgment of this Court in Kashmiri Lal v. The Deputy Commissioner, Sonepat & Ors., AIR 1980 Punjab and Haryana 209, counsel representing the respondents relies upon a Division Bench judgment of this Court in Garja Singh v. The Financial Commissioner and Principal Secretary to Government of Haryana & Anr. CWP No. 9797 of 2002 decided on July 4, 2002, to contend otherwise.

(2.) THE Division Bench, dealing with Garja Singh's case (supra), it appears, decided the matter in limine and no reference of the other judgments as mentioned above has been made therein. What, however, it far more significant is that in none of the judgments, it is mentioned as to what are those facts and circumstances which would constitute moral turpitude and would be such as may embarrass the incumbent in the discharge of this duties.