NAZIR SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Nazir Singh petitioner was elected as Sarpanch of the Gram Panchayat, Kailey Kalan, tehsil and district Gurdaspur in the year 1964, and continued to act as such till new elections took place when he was again elected as Sarpanch of the same Gram Panchayat on 28th June, 1972. A complaint was made against him, that he misused his position as Sarpanch during his tenure from the year 1964 onwards, on 2nd May, 1972, by Surrinder Paul Singh respondent No. 3. On the basis of this complaint a preliminary enquiry was held by the District Development and Panchayat Officer, who made a report on the basis of the preliminary enquiry, copy of which report dated 30th May, 1972, is attached as Annexure 'A' to the petition. The Director of Panchayats, vide his order dated 28th August, 1972, authorised the Deputy Commissioner Gurdaspur, to hold a regular enquiry under Section 102(2) of the Punjab Gram Panchayat Act, 1952 (hereinafter called the Act), against Nazir Singh. In view of this authorisation the Deputy Commissioner Gurdaspur, vide his order dated 5.10.1972, appointed Shri K.K. Bhatnagar, Sub Divisional Officer, Gurdaspur, as Inquiry Officer, to hold the enquiry. Copy of this order is Annexure 'B' to the petition. On 19.9.72 the Deputy Commissioner, Gurdaspur, passed an order under sub-section (1) of Section 102 of the Act, ordering the suspension of Nazir Singh petitioner during the pendency of this enquiry. Copy of this order is Annexure 'C' to the petition. The suspension order, Annexure 'C' is sought to be impugned in this petition on the following three grounds :-

(2.) I do not find any merit in any of the contentions submitted by the counsel for the petitioner. As regards contention No. 1, it may be pointed out that by Gram Panchayat Amendment Act, 1968, after Clause (e) in sub-section (2) of Section 102 of the Act, the following has been inserted :-

(3.) As regards the second contention, the same is also without any merit. It is admitted case of the petitioner that the Director of Panchayats authorised the Deputy Commissioner to hold an enquiry or to appoint any officer to hold any enquiry under sub-section (2) of Section 102 of the Act, on 28.7.1912, and the order of suspension was passed on 19th September, 1972. Thus it is obvious that when the enquiry had been ordered against the petitioner, it was during the pendency of that inquiry that the suspension order was passed. The order of enquiry by the Director is the starting point of the inquiry and the order of suspension can be passed any time after the inquiry is ordered under Section 102(2) of the Act. Therefore this contention is also without any merit.