NIRMALA DEVI Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioners were elected Member Panchayat of Gram Panchayat, Lubana Teku, Block Nabha, District Patiala during the general election held in May, 2008. On 16.3.2011, Gram Panchayat and Panchayat Officer made a complaint against the petitioners to respondent No. 3 that they had not remained present in the meeting of the Gram Panchayat. Respondent No. 3 - Block Development and Panchayat Officer, Nabha forwarded a report to respondent No. 2 - Director Panchayat stating that the petitioners had remained absent from the meeting of Gram Panchayat which has led to interruption of the development work. Respondent No. 3, accordingly, recommended that both the petitioners be suspended from the post of Panches. Respondent No. 2 then issued notices to the petitioners. The petitioners Filed their written replies on 28.04.2011. The petitioners pointed out that they had no hidden intention to remain absent from the meeting of the Gram Panchayat. Their plea was that they did not get notice regarding the meeting which was statedly held on 16.03.2011. As per the allegations, the petitioners had also remained absent from the meeting which had also earlier been held on 14.01.2011 as per the notice but as per counsel for the petitioners actually this meeting was held on 17.01.2011.

(2.) Petitioner No. 1 has infact given reason as to why she could not attend the meeting held on 17.01.2011. On this day, she had statedly gone to Bhadson for checkup with her husband who was seriously sick and was suffering from cancer. Petitioner No. 1 would disclose that her husband was in very critical condition at that time and has ultimately died on 24.09.2011. Because of this reason, petitioner No. 1 could not participate in the meeting which was held on 17.01.2011.

(3.) Still without considering this plea in any legal or sympathetic manner respondent No. 2 has decided to suspend both the petitioners vide his order dated 14.06.2012. Aggrieved against this order, the petitioners had filed two appeals before the Secretary, Rural Development and Panchayat Department which were dismissed on 08.08.2011 and, accordingly, petitioners have approached this Court through the present writ petition.