GIAN CHAND Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The petitioner, a Sarpanch of the village Panchayat, was suspended by the Deputy Commissioner vide order dated 10th April, 2001. A copy of this order is at Annexure P.1 with the writ petition. Aggrieved by the order, the petitioner filed an appeal. It was dismissed by the Financial Commissioner vide order dated 4th July, 2001. A copy of this order has been produced on record as Annexure P.3. Aggrieved by the two orders, the petitioner has filed the present writ petition. He prays that these orders be quashed.

(2.) Detailed written statement have been filed on behalf of the respondents. It has been pointed out that a criminal case regarding theft etc. of a tractor was registered against the petitioner. The matter was looked into. A Show Cause Notice was given to the petitioner. After consideration of the reply, the order of suspension had been passed. It was later on confirmed by the Appellate Authority.

(3.) The solitary contention raised by Shri Chopra is that the petitioner was placed under suspension on a ground covered by Sub -clause (b) of Sec. 51(1) while the Show Cause Notice was issued to him under Sec. 51(1)(a) of the Haryana Panchyati Raj Act, 1994. Thus, the impugned orders are vitiated.