SAJEEV @ KALU Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner has prayed for a writ in the nature of certiorari for quashing orders, Annexures P1 & P2 dated 30.05.2013 & 01.10.2013 passed by respondent no. 3 & 1 whereby petitioner was ordered to be suspended from the post of Sarpanch of village Patti Klayana.

(2.) Brief factual background of the case is that election to the post of Sarpanch of Gram Panchayat village Patti Klayana was held in the year 2010. Petitioner was elected Sapanch of the village. During his tenure, two FIRs were registered against him; one under sections 323/354/452/506/34 Penal Code and other under sections 420/467/468/471/120B Penal Code. Same find mention in the impugned order, Annexure P1. A show cause notice was issued to the petitioner under section 51(1)(b) of the Haryana Panchayati Raj Act, 1994. He was asked to file reply to the same within a week. Thereafter, vide impugned order dated 30.05.2013 was passed placing the petitioner under suspension.Order was unsuccessfully challenged before the appellate authority.

(3.) Same has been assailed before this court on the ground that petitioner was not granted opportunity of hearing. At the time show cause notice was issued, he was in custody. Thus, he was not able to file reply to same.