HARBHAJAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In this writ petition, the challenge is to the order dated 11- 8-2004 (Annexure P-4), passed in revision filed by the petitioner, vide which his liability, has been enhanced by the Special Secretary without issuing any show cause notice him.

(2.) It is apparent from the record that the Block Development and Panchayat Officer vide Order Annexure P-1 made an assessment under Section 216 of the Punjab Panchayati Raj Act, 1994 (hereinafter referred to the as the 'Act') for the loss caused to the Gram Panchayat of village Bhago Arrian and fixed liability on the petitioner for loss of Rs.77,843/- Against that order, the petitioner went in appeal which was accepted by the District Development & Panchayat Officer vide order dated 9-01-1998 (Annexure P-2) and the matter was remanded to the Block Development & Panchayat Officer with a direction to decide it afresh. Vide that order, the Appellate Authority has also held that along with the petitioner, the Panchayat Secretary and Junior Engineer are also liable as with their connivance, funds of the Gram Panchayat were misutilised. The petitioner went in revision. While dismissing the revision petition on 11-8- 2004, the order passed by the Appellate Authority was reversed and the petitioner was burdened with the entire liability. It was also held in the impugned order that under Section 216 of the Act, recovery can not be effected from the Junior Engineer, as well as the Panchayat Secretary and only the members of the Gram Panchayat can be held liable for any loss caused to it. It was also ordered therein that against the Panchayat Secretary and Junior Engineer, departmental proceedings be initiated.

(3.) Counsel for the petitioner by referring to the provisions of sub-section (2) of Section 216 of the Act, argued that before enhancing the liability for loss, no show cause notice was given to the petitioner though it was mandatory under the Act.