MANGE RAM SARPANCH GRAM PANCHAYAT Vs. FINANCIAL COMMISSIONER AND SECRETARY TO GOVERNMENT DEVELOPMENT AND PANCHAYAT DEPARTMENT HARYANA CHANDIGARH

JUDGEMENT

(1.) Petitioner who is sarpanch of Gram Panchayat Village Khapar block Uchana district Jind, has filed this petition for issuance of a writ in the nature of Certiorari for quashing the impugned order Annexure P/4 dated 9-7-1996 placing him under suspension and order dated 19-8-1996 Annexure P-6 dismissing the appeal filed against the order Annexure P-4.

(2.) Petitioner is a Harijan and was elected as Sarpanch of village Khapar as the seat of Sarpanch of this village was reserved for scheduled caste category in accordance with Haryana Panchayati Raj Act, 1994 (hereinafter referred to as the Act). It is averred that elections of Haryana Vidhan Sabha took place on 27-4-1996. Petitioner supported congress candidate whereas Gaza Singh Ex. Sarpanch of the village supported Ch. Virender Singh who was later on elected as Member of the Legislative Assembly. On 294-1996, FIR No. 121 under Sections 323/ 325/148/506 of the Indian Penal Code was registered against the petitioner. Aggrieved against the action of the Police, Petitioner approached Deputy Commissioner, Jind, on 3-5-1996 and demanded inquiry into the matter so that real culprit could be punished. Another application was addressed to Superintendent of Police. Jind.

(3.) Deputy Commissioner, Jind, placed the petitioner under suspension by holding that it is not is public interest to let the petitioner continue as Sarpanch. Against the order of suspension, petitioner filed an appeal which was dismissed by the Financial Commissioner and Secretary to Govt. Development and Panchayat Department, Haryana on 19-8-1996 (Annexure P-6). Petitioner has challenged the impugned orders Annexures P-4 and P-6 on the ground :(i) that the same have been passed at the instance of Ch. Virender Singh M.L.A. mala fide as petitioner had opposed Ch. Virender Singh in the assembly elections; and (ii) that the impugned orders had been passed without issuing notice and affording an opportunity of hearing, in violation of the principles of natural justice.