AMANDEEP KAUR Vs. STATE OF HARYANA AND ANOTHER

JUDGEMENT

(1.) THE instant Letters Patent Appeal has been filed against the order dated 1.8.2013 passed by the learned Single Judge, whereby the writ petition (CWP No. 16533 of 2013) filed by the appellant challenging her suspension as Sarpach of Gram Pachayat, village Diwana, Block Jakhal, District Fatehabad, has been dismissed. We have heard learned counsel for the appellant and gone through the impugned order.

(2.) THE appellant was suspended on 13.7.2012 and as per the requirement of proviso to sub -section (2) of Section 51 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), the suspension period of a Panch or a Sarpanch cannot exceed one year from the date of handing over the charge in pursuance of the suspension order. The order of suspension of the appellant was not revoked by the authorities, because in the present case the appellant did not hand over charge to the authorities. In the impugned order, it has been mentioned that the regular inquiry, ordered to be conducted against the appellant on the allegation of misappropriation of huge amount and during the pendency of which the appellant has been ordered to be suspended, has been concluded. After hearing learned counsel for the appellant and in the facts and circumstances of the case, at this stage, we are not inclined to interfere in the impugned order and revoke the suspension order. However, keeping in view the fact that the suspension order was passed on 13.7.2012 and till date, the final order has not been passed, we dispose of this appeal with a direction to the Deputy Commissioner, Fatehabad (respondent No. 2 herein) to take the final decision in the matter under the provisions of the Act, within a period of two months from the date of receipt of the certified copy of this order.