BINDER KAUR Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) The petitioner is aggrieved against the order dated 23.07.2015 (Annexure P-17) passed by respondent No.3-District Development and Panchayat Officer, Fazilka vide which he has appointed, an Administrator for the Gram Panchayat Chak rohi Wala, Block Jalalabad, in terms of Section 200(1) of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act').

(2.) The argument raised by the learned counsel for the petitioner is that before appointment of an Administrator under Section 200(1) of the Act, the District Development & Panchayat Officer (for short 'DD&PO') is to first pass an order in writing, fixing the period, for the performance of the duty and if the said duty is not performed within the period so fixed by him, then he can appoint any other person to perform the duty. He submitted that, in the present case, no such order has been passed by the DDPO and straightway the Administrator has been appointed in violation of Section 200(1) of the Act.

(3.) On the other hand, learned counsel for the respondents has submitted that the present petition is not maintainable as the petitioner has not availed the statutory remedy of revision under Section 201 of the Act, which is to be decided by the Director, Department of Rural Development and Panchayat, Punjab. In this regard, he has also placed on record the standing order dated 3.12.2014 passed by the Financial Commissioner and Secretary to Government of Punjab, Department of Rural Development and Panchayats, delegating the powers to the Director, Rural Development and Panchayat, Punjab for entertaining the revision petition under Section 201 of the Act.