LAWS(P&H)-2004-7-109

RAME Vs. STATE OF HARYANA

Decided On July 29, 2004
Rame Appellant
V/S
STATE OF HARYANA Respondents

JUDGEMENT

(1.) THIS is a petition for quashing order dated 17.10.2003 (Annexure P-4) vide which Deputy Commissioner, Rohtak (respondent No. 2) suspended the petitioner from the post of Sarpanch, Gram Panchayat, Bohar Milwan, Tehsil and District Rohtak and order dated 9.6.2004 (Annexure P-7) vide which Financial Commissioner and Secretary to Government, Haryana, Development amd Panchayats Department (hereinafter described as 'the Financial Commissioner') dismissed the appeal filed by her against the order of suspension.

(2.) THE petitioner was elected as Sarpanch of Gram Panchayat, Bohar Milwan in February, 2000. On receipt of a complaint of financial and other irregularities allegedly committed by the petitioner, respondent No. 2 got a preliminary enquiry conduct through Additional Deputy Commissioner-cum-Chief Executive Officer, District Rural Development Agency, Rohtak, who submitted report dated 11.3.2003 with the following conclusions :-

(3.) THEREAFTER , respondent No. 3 passed two orders dated 17.10.2003. By the first order (Annexure P-3) passed under Section 51(3) of the Act, he directed the holding of regular enquiry against the petitioner and appointed Sub- Divisional Officer (Civil), Rohtak as the enquiry officer. By the second order, he placed the petitioner under suspension by invoking Section 51(1)(b). The appeal filed by the petitioner against the order of suspension was dismissed by the Financial Commissioner vide order annexure P-7.