BALBIR SINGH, ETC. Vs. PANCHAYAT SAMITI KOHTAK, ETC.

JUDGEMENT

(1.) The petitioner was appointed a Chaukidar by the Panchayat Samiti, Rohtak, by its resolution No. 4, dated November 10, 1971. The Haryana State raised an objection to the appointment of the petitioner as a Chaukidar on the ground that the Panchayat Samiti could not appoint a whole-time Chaukidar but could appoint whole-time sweeper or a Chaukidar-cum-sweeper and the Panchayat Samiti by its resolution No. 11 dated July 4, 1972 regularised his appointment as a Chaukidar-cum-sweeper. The Executive Officer of the Panchayat Samiti terminated the services of the petitioner on July 25, 1972, on the ground that his services were no more required. The Executive Officer also addressed a letter to the Deputy Commissioner, Rohtak, for the cancellation of the above referred two resolutions of the Panchayat Samiti. On September 1, 1972, the Deputy Commissioner, Rohtak, passed the following order :-

(2.) It is submitted by the learned counsel for the petitioner that there is no provision in the Act authorising the Executive Officer of the Panchayat Samiti to terminate the services of the petitioner and that the power to employ, dismiss or discharge from service lies with the Panchayat Samiti under Section 34 of the Punjab Panchayat Samitis and Zila Parishads Act, 1961, (hereinafter called the Act). There is no force in this submission and the learned counsel for the respondents has not been able to bring to my notice any provision of the Act or the rules framed under the Act authorising the Executive Officer to terminate the services of employees appointed by the Panchayat Samiti of his own accord. The order of the Executive Officer dated July 25, 1972, terminating the services of the petitioner, without reference to the Panchayat Samiti, is without jurisdiction and is, therefore, liable to be quashed.

(3.) Under Section 102 of the Act, the Government has the right to cancel any resolution passed by a Panchayat Samiti if in its opinion such resolution is not legally passed or is in excess or abuse of the powers conferred by or under this Act or any other law and on some other grounds. This power of the State Government has been delegated to all the Deputy Commissioners by an order of the Haryana Government dated February 28, 1960.