RAMZAN KHAN Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner Ramzan Khan, who was elected Sarpanch of Gram Panchayat Basai on 10-6-1978 was served with a charge-sheet on 23-2-1979. In an inquiry held by Sub-Divisional Officer, out of two charges, he was found guilty of one charge i.e. of selling a Pipal tree for Rs. 3500/-, depositing only Rs. 1450/- and thus pocketing the balance amount. The Deputy Commissioner, who was to pass order either of accepting the report or rejecting the said report, vide his order dt. 26-3-1980, Annexure P. 5, gave benefit of doubt to the petitioner and acquitted him of the charges and ordered his reinstatement with immediate effect. This order of the Deputy Commissioner was challenged before the Minister in charge of the portfolio of Development and Panchayat, who vide his order dt. 8-7-1981, Annexure P. 7, set aside the order of the Deputy Commissioner on the ground that it was a non-speaking order and ordered regular enquiry and appointed S. D. O. (C), Nuh, as enquiry officer. This, order of the Minister has been impugned by the petitioner in this writ petition on the ground that the Minister has no power of revision in this case as the order of the Deputy Commissioner was a quasi-judicial order and that against the quasi-judicial order, no revision has been provided under the Act.

(2.) The jurisdiction of the Minister had been challenged and the Minister has taken in his order note of this fact. He disposed of the argument by observing that the order of reinstatement of a suspended Sarpanch is an executive order and, therefore, he while exercising powers of the Government was competent to revise that order.

(3.) It is not disputed that the Government has power to revise only an executive order under the provisions of S.100(2) of the Gram Panchayat Act, which is in the following terms:-