HARPAL SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) This common order shall dispose of CWP No.19875 of 2015 titled 'Harpal Singh Vs. State of Punjab and another' , CWP No.20230 of 2015 titled 'Manjit Singh Vs. State of Punjab and another' , CWP No.21071 of 2015 titled 'Gurmail Kaur Vs. State of Punjab and another' and CWP No.20244 of 2015 titled 'Karnail Kaur Vs. State of Punjab and another' filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the order dated 12.05.2015 (Annexure P-3) passed by respondent No.2 - Director Rural Development and Panchayat, Punjab, and order dated 26.08.2015 (Annexure P-10) passed by respondent No.1 - Special Secretary-cum-Joint Development Commissioner (exercising the powers of the Government under the Punjab Panchayati Raj Act, 1994), whereby appeals filed by the petitioners against the orders dated 12.05.2015, have been dismissed, as common questions of law and facts are involved in these writ petitions.

(2.) Brief facts of the case being extracted from CWP No.19875 of 2015 are that petitioners were elected as Panches of Village Patti Sekhwan, Block and District Barnala. District Development and Panchayat Officer, Barnala, made a report against the petitioners alleging that the petitioners are not attending the meetings of gram panchayat and are not cooperating in development of the Village, also they are misusing their powers. Said report was sent vide letter dated 13.02.2014 to respondent No.2 - Director Rural Development and Panchayat. Respondent No.2 marked regular enquiry to Additional Deputy Commissioner (D), Barnala. Additional Deputy Commissioner (D), Barnala, after completing regular enquiry submitted report dated 26.11.2014 (Annexure P-1) stating that allegations against petitioners stand proved. On the basis of regular enquiry report dated 26.11.2014, a show cause notice dated 16.12.2014 was issued to the petitioners and the petitioners filed their detailed replies dated 05.01.2015 (Annexure P-2) along with requisite documents. Thereafter, petitioners were suspended from the posts of Panches by respondent No.2 vide order dated 12.05.2015 (Annexure P-3). Aggrieved against the order dated 12.05.2015 (Annexure P-3), petitioners filed appeals before respondent No.1. Respondent No.1 vide order dated 20.05.2015 (Annexure P-5), after hearing the parties, stayed the order dated 12.05.2015. Thereafter, respondent No.1 vide order dated 28.05.2015 vacated the stay allegedly without affording opportunity of hearing to the petitioners and adjourned the case for 22.07.2015. Against the order dated 28.05.2015, petitioners filed writ petitions before this Court whereby order dated 28.05.2015 was stayed by this Court vide order dated 08.06.2015 (Annexure P-9). In the meantime, respondent No.1 vide order dated 26.08.2015 (Annexure P-10) dismissed the appeals filed by the petitioners. Hence, these writ petitions.

(3.) In pursuance of notice of motion respondents have filed their reply averring that petitioners were not taking interest in the development works of the village and they were not attending the meetings. Therefore, they have rightly been suspended by affording full opportunity of hearing.