CHANDER SHEKHAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner is aggrieved of the impugned order dated 02.02.2017 (Annexure P-4), whereby, as per the report of Gurnam Singh, Gram Secretary, an amount of Rs. 8,43,358.04 on account of cash in hand since May 2015 being lease money of shamlat land and as well as on account of list submitted on the basis of stock register, a notice has been issued to him.

(2.) The contention of Mr. Arvind Singh, learned counsel for the petitioner is that the aforementioned notice has been issued on the basis of the report of Gurnam Singh, Gram Secretary which is in violation of provisions of Section 53(5) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as "1994 Act"). In fact, no enquiry has been held. He is ready to face the enquiry but the aforementioned notice is without giving any opportunity of hearing to the petitioner, much less totally without jurisdiction.

(3.) This Court, on 23.02.2017 had issued notice of motion. Though service is complete, despite that no reply has been filed. I deem it appropriate to dispose of the present writ petition on the premise that since there is a defiance to the provisions of Section 53 of 1994 Act, which read as under :-