NAR SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) THE petitioner has challenged the order of suspension from the office of Sarpanch contained in Endst. No. Panchayat-93/2212-15, dated June 7,1993 in this petition under Articles 226/227 of the Constitution of India.

(2.) THE Deputy Commissioner, Yamunanagar exercising the powers under Section 102 (1-A) of the Punjab Gram Panchayat Act, 1952 (for short, the Act) placed the petitioner under suspension and also ordered initiation of a regular enquiry against him with regard to certain complaints made against him. The order of suspension was challenged by the petitioner in appeal under Section 102 (5) of the Act preferred before the Commissioner and Secretary to Government, Haryana, Development and Panchayat Department, Chandigarh. The appellate authority, after appraising the records, came to the conclusion that the regular enquiry against the petitioner was ordered vide Endst. No. Panchayat-93/2208-11, dated June 7, 1993 and the order of suspension was passed after the regular enquiry was ordered against him. He further found that during the course of preliminary enquiry, the charges levelled against the petitioner stood prima facie established and that the Deputy Commissioner was justified in ordering regular enquiry on the basis of those charges.

(3.) THE learned counsel for the petitioner submitted" that the charges were trivial. We cannot go into this matter in writ jurisdiction. It was for the competent authority to decide whether on the proved facts an action under Section 102 (2) was called for. The power exercised by the Deputy Commissioner cannot be said to be beyond jurisdiction.