ABHEY SINGH CHAUTALA Vs. STATE OF HARYANA

JUDGEMENT

(1.) PRAYER made in this petition is for issuance of writ of certiorari quashing the impugned order, Annexure P-4, dated 21. 8. 1995, passed by the Financial Commissioner and Secretary to Government, Haryana, Development and Panchayats department, respondent No. l suspending the petitioner from the office of Vice President, Zila Parishad, Sirsa and the membership of the Zila Parishad.

(2.) PETITIONER is an elected member of the Zila Parishad, Sirsa and was elected as Vice President. He was arrested by the local police on 23. 6. 1995 for offences punishable Under Sections 147/148, 149/188, 186/332, 353/283, 307/435 and 427/341, Indian Penal Code. Another First Information Report was registered against him on the same date for offences punishable Under Sections 150/146 of the Indian Railways Act and Sections 356, 427, 379, 420 and 120-B, Indian Penal Code. Respondent No. l, exercising his powers Under Section 160 (1) (a) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'), suspended the petitioner, holding that the pendency of the two cases referred to above fall within the definition of moral turpitude which were likely to embarrass the petitioner in discharge of his duties as Vice President and member of the Zila Parishad, Sirsa. Impugned order, Annexure P-4, was passed without issuing any show cause notice to the petitioner, Petitioner has challenged the impugned order on the grounds: i) that the same has been passed at the instance of Ch. Bhajan lal, the then Chief Minister of Haryana, malafide on fabricated allegations to embarrass the petitioner who belongs to a political party/family opposed to Ch. Bhajan Lal, and ii) that the impugned order has been passed without issuing notice and affording an opportunity of hearing, in violation of the principles of natural justice.

(3.) ALLEGATIONS of malafide have been denied by respondent No. 2. State of Haryana, in its reply, has taken the stand that no notice is required to be issued before passing the order of suspension Under Section 160 as none is envisaged to be given under the provisions of the Act.