NACHATTAR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The present writ petition is directed against the order dated 5.6.2012 (Annexure P-5) passed by respondent No. 2, suspending the petitioner from the post of Panch and also the appellate order dated 23.7.2012 (Annexure P-7) passed by respondent No. 1. Further a writ of Mandamus is also sought by the petitioner for his re-instatement. Brief facts of the case are that Panchayat elections were held in the State of Punjab in the year 2008. Election in the village of the petitioner was held on 26.5.2008, wherein he was elected as Panch of Gram Panchayat Dhollanwal. A complaint was made against the petitioner alleging that he was in illegal possession of Panchayat land of village Salempur. The Block Development and Panchayat Officer, Ludhiana-II wrote to respondent No. 2 on 11.4.2012 (Annexure P-1), recommending suspension of the petitioner. A show cause notice dated 16.5.2012 (Annexure P-2) was issued to the petitioner giving him 15 days time to submit his reply. It is the pleaded case of the petitioner that he received show cause notice dated 24.5.2012 and he submitted reply thereto, on 5.6.2012 (Annexure P-4). However, without considering the reply filed by the petitioner, the impugned suspension order dated 5.6.2012 (Annexure P-5) was passed by respondent No. 2. The petitioner filed his appeal before respondent No. 1, but when the same was not being heard, he approached this Court by way of CWP No. 12667 of 2012 (Annexure P-6), during the pendency of the appeal before respondent No. 1. The writ petition was disposed of by this Court vide order dated 9.7.2012, directing respondent No. 1 to prepone the date of hearing of the appeal and decide the stay application on or before 25.7.2012. Thereafter, respondent No. 1 dismissed the appeal of the petitioner vide impugned order dated 23.7.2012 (Annexure P-7).

(2.) Feeling aggrieved against the abovesaid impugned orders, petitioner has approached this Court by way of instant writ petition under Article 226/227 of the Constitution of India, seeking a writ in the nature of Certiorari for quashing the impugned order.

(3.) Notice of motion was issued and in response thereto, reply by way of counter affidavit dated 15.1.2013 of Dhanwant Singh, Block Development and Panchayat Officer, Ludhiana-II, was filed on behalf of respondents No. 1 to 4 whereas a separate reply by way of short affidavit dated 1.2.2013 was filed on behalf of respondent No. 5.