ISHAM SINGH MEMBER GRAM PANCHAYAT Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) ISHAMT Singh, Member, Gram Panchayat, Buchhi, Sub Tehsil Pundri, Distric Karnal, challenges in this writ petition show cause notice dated May 14, 1993, Annexure P-l, issued by the Deputy Commissioner, Kaithal. respondent No. 1, as to why the petitioner should not be placed under suspension for not attending the meetings of the gram panchayat consecutively thrice. In Annexure P-l, show cause notice, firstly, petitioner as asked to explain as to why he did not sign the proceedings of the meeting of the gram panchayat held on October 8, l992, October 24, 1992 and December 7, 1992. Secondly, he was asked to explain as to why he did not attend the meetings of the gram panchayat held on December 7, 1992, 12-1-1993, 28-1-1993 28-2-1993 and 28-3-1993 after having received information of the three meetings consecutively. The petitioner filed reply to the aforesaid show cause notice copy of which is Annexures P-2, inter alia, asserting that he had attended the meeting of December 7, 1992. With respect to other meetings, it was stated that be was not deliberately issued the agenda of the meeting Annexure P-3 is the agenda for the meeting held on December 7, 1993.

(2.) ON notice of motion having been issued, respondents No. 1 and 2 filed written statement, inter alia, asserting that information of the three meetings consecutively which were not attended by the petitioner was given to him as per rules and the petitioner contravened the provisions of Section 102 of the Punjab Gram Panchayat Act. Annexure R-l is the agenda for the meeting held on December 7, 1992. Annexure R-2 to R-6 are the agendas of meetings subsequently held of which information was given to the petitioner. At this stage, if may be stated that in some of these notices present petitioner has refused to receive the copy of the agenda.

(3.) WE have heard learned counsel for the parties. Learned counsel for the petitioner has vehemently argued that the Deputy Commissioner could not invoke jurisdiction while issuing show cause notice wilder the provision of Section 102 of the Punjab Gram Panchayat Act- In support of his contention, reliance has been placed on the decision of the Division Bench of this Court in case reported as Ram Ditta Singh v. The Deputy Commissioner, Ferozepur and Ors. , (1968) 70 P. L. R. 341. After going through the aforesaid judgment, we are of the opinion that the ratio of this decision as such cannot be applied to the case in hand That was a case where the Deputy Commissioner had passed order of suspension under Section 02 of the Act without any enquiry being pending and thus such an order of suspension was quashed by the High Court While interpreting the scope of Section 102 of the Act, it was observed as under: