GURCHARAN SINGH Vs. STATE OF PUNJAB AND ORS.

JUDGEMENT

(1.) A point of jurisdiction only has been raised in this writ petition.

(2.) THE Petitioner was an elected Sarpanch of the Gram Panchayat, Katoo, Block Barnala, District Sangrur. He attracted a complaint. After some preliminary enquiry, Shri Narinder Saroop, Joint Director, Panchayats, exercising the powers of the Director, Panchayats, delegated to him, - -vide Punjab Government notification No. SO. 19/PA -4/53/5 -107/96 dated May 16, 1986, suspended the Petitioner under Section 102(4) of the Punjab Gram Panchayat Act, 1952 (for short 'the Act'). The Petitioner challenged the said order in this Court by means of CWP No. 752 of 1988. It was dismissed in limine by passing the following order: We have heard the learned Counsel for the Petitioner. It is not disputed by him that an appeal is maintainable against the said order under Section 102(6) of the Act before the State Government and that no appeal has been filed by the Petitioner. It is contended by Mr. Dhillon that the State Government has delegated the powers to hear the appeals to the Director of Panchayats, whereas the impugned order has been passed by the Joint Director as delegate of the Director and, therefore, no useful purpose will be served if an appeal is filed, as the Director cannot hear an appeal against his own order. After giving our thoughtful consideration to the matter, we are of the view that the Petitioner should avail of the remedy of the appeal before the Government. If the powers of hearing the appeals have been delegated by the Government to the Director, we trust the appeal will not be heard and decided by him but it will be heard and decided by some other competent authority. With the above observations, the writ petition is dismissed in limine. The Petitioner filed an appeal before the State Government under Section 102(6) of the Act. This was dismissed by Shri P. Ram, I.A.S., Joint Secretary to Government, Punjab, Department of Rural Development and Panchayats, exercising the powers of the government, vide order dated May 25, 1988, Annexure P -4. The Petitioner has approached this Court by means of this petition challenging the jurisdiction of the Joint Secretary in deciding the appeal.

(3.) RELIANCE has been placed by learned Counsel for the Petitioner on Nasib Singh v. State of Punjab and Ors., 1979 P.L.J. 15, passed by a Division Bench of this Court consisting of D.S. Tewatia and K.S. Tiwana, JJ. to contend that an official who has the dual power of the government and that of the Director, Panchayats, cannot exercise the appellate powers against an order of the Joint Director passed as Director. The precedent, however, does not support the learned Counsel. There the original order had been passed by the Deputy Divisional Director of Panchayats exercising the powers of the Director and the appeal under Section 102(6) of the Act had been disposed of by the Deputy Secretary, Development, exercising the powers of the Director. In that situation, it was held by the Bench that an official of the coordinate rank could not exercise powers on behalf of the Government under Sub -section (6) of Section 102 of the Act while sitting in appeal on the order of the Director. This case is obviously distinguishable from the facts of the instant case.