BANI SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner impugns the order of the Deputy Commissioner dated June 29, 1982, exercising the power of the Government under section 103(3) of the Punjab Gram Panchayat Act, 1952 (for short, the Act)--as applicable in Haryana--whereby the respondent Gram Panchayat suspended on May 2, 1981 vide Annexure P-1 was revived. The challenge is two fold :-

(2.) In support of his first contention, the learned counsel for the petitioner relies on the observations made by a Division Bench Judgment of this Court in Suresh Chand v. Ved Parkash,1979 PunLR 96, wherein in almost a similar situation, for revoking the suspension of a Sarpanch, it was observed as follows :-

(3.) Though it is not a matter of dispute that the suspension order Annexure P. 1 was passed under sub-section (2) of this section, yet I do not find any merit in the stand of the learned counsel for the reason that once the power of review is recognised--whether on the basis of a specific statutory provision or on the basis of inherent jurisdiction--still to my mind the principle governing the exercise of that power would remain the same. If, as held by the Division Bench in Suresh Chand's case, such a review cannot be restored to without affording an opportunity of hearing to the complainant, there is no logic as to why such a notice or hearing was not required to be given in the present case before the passing of Annexure P.2.