GURMEJ SINGH Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) Instant petition has been filed under Articles 226/227 of the Constitution of India for setting aside the order dated 30.07.2015 (Annexure P-5) passed by respondent No. 3-Joint Development Commissioner, Punjab whereby order dated 23.07.2015 (Annexure P-2) passed by respondent No. 2-Director, Rural Development and Panchayats Department, Punjab, with regard to suspension of respondent No. 5, has been stayed.

(2.) I have heard learned counsel for the parties and perused the record.

(3.) Learned counsel for the petitioner contends that respondent No. 3, who is exercising the powers of Joint Development Commissioner, Punjab, is junior to respondent No. 2-Director, Rural Development and Panchayat Department, Panchayat in the IAS cadre. The caveat was filed on 30.07.2015 before respondent No. 3 and on the same day, stay was granted by respondent No. 3. Vide order dated 14.05.2015 passed in CWP-8779-2015, a Division Bench of this Court has ordered that appeal filed by the Gram Panchayat shall not be entertained and decided by an officer who is junior to Mr. C. Sibban.