ASHOK KUMAR Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) The petitioner is Sarpanch of the Gram Panchayat, Naharpur, Tehsil Jagadhri, District Yamunanagar. He has challenged the orders dated 16.05.2017 passed by the Deputy Commissioner, Yamunanagar and dated 07.07.2017 passed by the Appellate Authority, by which he has been put under suspension during the pendency of regular inquiry against him.

(2.) The allegation against the petitioner is that he had misappropriated the panchayat funds while executing the development works of installation of submersible pump, purchase of two water coolers, fifty dustbins and did not deposit Rs. 1,20,000/- of fine in the panchayat fund, received in view of theft of bricks of stadium from the offenders. A preliminary inquiry was held and the petitioner was served with a notice by the Deputy Commissioner as to why he should not be placed under suspension for holding regular inquiry and vide order dated 16.05.2017, while exercising his powers under Section 51 of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the "Act"), the Deputy Commissioner placed him under suspension, directing not to participate in any proceedings of the Panchayat in future and hand over all the records and movable/immovable properties of the Panchayat to the Panch having majority.

(3.) Aggrieved against that order, the petitioner filed statutory appeal under Section 51(5)of the Act before the Appellate Authority but his appeal was also dismissed. It has been found that besides the allegation of embezzlement of public funds, an FIR No. 38 dated 09.04.2017, under Sections 409 and 420 IPC has also been registered against the petitioner at Police Station, Jathlana, District Yamunanagar, and the offence involved in the said FIR comes under the category of moral turpitude. It has also been found that the petitioner had deposited the money, stated to be embezzled, under protest.