BIRDI CHAND Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner was a Panch of the Gram Panchayat, Thanvas, Tehsil Narnaul, District Mohindergarh. From 1964 to 1971, he was Sarpanch of the same Gram Panchayat. During this tenure, he made the construction of Pucca drains etc., in the village and an amount of Rs. 10,620/- was incurred on the same. The said amount was spent after obtaining the sanction from the members of the Gram Panchayat.

(2.) Respondent No. 2 issued a notice to the petitioner on 17.12.1973 under section 105(2) of the Punjab Gram Panchayat Act, 1952 (hereinafter called the Act) in which it was stated that an enquiry was conducted against the petitioner by the S.D.O. (Civil) Narnaul on the basis of a complaint against the petitioner and that after the said enquiry it was found that the petitioner had shown an excess expenditure of Rs. 5420/- on the construction of Pucca drains in the village and the petitioner was accordingly asked in the said notice to deposit the amount of Rs. 5420/- in the Panchayat Funds within seven days. The petitioner submitted his reply to the notice on 19.12.1973 and explained his position. On 13.6.1974, the petitioner again received a notice (Annexure P/3) from respondent No. 2 calling upon the former to deposit the sum of Rs. 5420/- referred to in the said notice within 10 days from the receipt of the notice. The petitioner thereupon filed a writ petition No. 2311 of 1974 against the notice dated 11.6.1974 (Annexure P/3), which was dismissed by a Division Bench on 3.9.1974 and the following order was passed:

(3.) The petitioner has challenged the notice and the order of dismissal of appeal by way of this writ petition. Mr. Jaswant Jain, learned counsel for the petitioner, urged that the appeal could not be dismissed behind the back of the appellant (petitioner).