SHIVPAL SINGH Vs. STATE OF HARYANA

JUDGEMENT

(1.) PETITIONER , by filing this writ petition under Articles 226/227 of the Constitution of India, has prayed that respondent No. 2 be directed to take disciplinary action, under Section 51(3) of the Haryana Panchayati Raj Act, 1994, for removing the respondent Nos. 5 and 6 from the posts of Sarpanch and Panch respectively, of village Dahina, Tehsil and District Rewari. It is further prayed that action be taken against some other Panches also, against whom allegation of misuse of power has been levelled.

(2.) RESPONDENT Nos. 5 and 6 were elected as Sarpanch and Panch of village Dahina in the year 2005. Against them, it was allegation of the petitioner that they had mis-conducted in the discharge of their official duties, got passed some resolution without issuance of notice for meeting to many Panches and also that respondent No. 5 has used inferior quality of material for executing various development works in the village. When representations made, for the above said purpose failed to yield any result, the petitioner came to this Court by filing CWP No. 16709 of 2007, which was disposed of on 31.10.2007, by issuing directions to the official respondents therein, to complete regular enquiry against respondent Nos. 5 and 6 within eight weeks, from the date of passing of above said order. When nothing was done, petitioner was compelled to file COCP No. 207 of 2008, for initiating contempt proceedings against the Deputy Commissioner, Rewari for showing willful disobedience to the order passed by this Court on 31.10.2007. However, subsequent thereto, during pendency of this writ petition, it appears that above said contempt petition was disposed of by this Court. In this writ petition also, the petitioner has reiterated the allegations which he had levelled against respondent Nos. 5 and 6 in his earlier writ petition, as referred to above.

(3.) ON receipt of reply and after giving personal hearing, respondent No. 2, the Deputy Commissioner, Rewari, directed them to remain careful in future. A copy of the enquiry report has been brought on record as Annexure R-1 along with the affidavit dated 16.9.2008, filed by Block Development and Panchayat Officer, Jatusana. Counsel for the parties heard.