GANGA BISHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has challenged order dated 07.11.2012 passed by respondent No. 2 by which he has been put under suspension and order dated 12.02.2013 by which his appeal has been dismissed by respondent No. 1. In short, the petitioner is a Panch in the Gram Panchayat of village Ramgarh Pandva, Block Kalayat, District Kaithal. Respondent No. 3 filed an application to the respondent No. 2 for removal of the petitioner from the post of Panch alleging that a criminal case has been registered against the petitioner vide FIR No. 107 dated 23.07.2011, under Sections 420, 467, 468, 471, 120B and 506 IPC at Police Station Kalayat, on the allegation of getting a sale deed in his favour by producing a fake person as a seller who is alleged to have died earlier. Respondent No. 2 got a preliminary inquiry conducted in the allegations through the BDPO, Kalayat. He testified in his report about the registration of the aforesaid criminal case which is pending consideration in the Court of Additional Chief Judicial Magistrate, Kaithal. The petitioner was arrested on 26.08.2011 and remained in-judicial custody before his release on bail. Thus, exercising the powers under Section 51(1) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the "Act"), a show cause notice was given to the petitioner as to why regular enquiry may not be conducted against him. The petitioner submitted his reply to the show cause notice. Thereafter, vide his order dated 07.11.2012, respondent No. 2 placed the petitioner under suspension in terms of his powers conferred under Section 51(1) of the Act and ordered his removal under Section 51(1)(a) of the Act. The petitioner filed statutory appeal under Section 51(5) of the Act which has been dismissed by respondent No. 1 with the following order:-

(2.) Counsel for the petitioner has argued that the petitioner has been falsely implicated in the criminal case because of the village political rivalry and also the respondent being in unauthorized possession of the Panchayat land which has been noticed by the petitioner as a Panch. In this regard, he has relied upon the judgments of this Court in the cases of Raghbir Singh, Panch v. State of Punjab and others,2013 1 SCT 527, Manjit Kaur v. State of Punjab, 2009 4 RCR(Civ) 483 and Chand v. Special Secretary to Govt. of Punjab, Rural Dev. & Panchayats Deptt., Chandigarh and others, 2004 4 RCR(Civ) 481.

(3.) I have heard counsel for the petitioner and perused the record with his able assistance.