YOGESH KUMAR Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The present petition has been filed by Yogesh Kumar son of Gopal Krishan, Sarpanch, Gram Panchayat Nariyala Tehsil Ballabgarh, District Faridabad, for quashing the order dtd. 8/11/2017, Annexure P1 , passed by Principal Secretary, Government of Haryana, Development and Panchayat Department, Chandigarh. Respondent No.1 is State of Haryana; respondent No.2 is Deputy Commissioner Faridabad; respondent No.3 is SDM Ballabgarh, District Faridabad and respondent No.4- Ram Kumar is a private party complainant in the present case.

(2.) The bare facts necessary for adjudication of the present petition are that respondent No.4 filed a complaint against the petitioner on 12/4/2017 alleging that he being the Sarpanch has misused his post and gave agricultural land of Gram Panchayat on lease by his own Will to a Contractor for mining of sand, for Rs.20,00,000.00 and has caused loss to the Gram Panchayat. The said complaint was inquired into by SDM (Civil) Ballabgarh and the report was given in favour of the petitioner. Respondent No.2 passed an order dtd. 22/9/2017 in which, by relying upon the inquiry report, the complaint was filed. It would be pertinent to mention here that the Deputy Commissioner passed non-speaking order Annexure P- 2 without affording opportunity of hearing to the parties.

(3.) Aggrieved of the said order, respondent No. 4 filed appeal under Sec. 51(5) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'). The Principal Secretary, Government of Haryana, vide order dtd. 8/11/2017 allowed the appeal and set aside the order passed by the Deputy Commissioner and remanded the matter back to pass a speaking order after giving opportunity to both the parties.