MURTI DEVI SARPANCH Vs. DEPUTY COMMISSIONER

JUDGEMENT

(1.) THE brief facts giving rise to this appeal are that as per the preliminary enquiry report of the Sub Divisional Officer (Civil), Pehowa, the appellant was found prima facie guilty of getting Khasra No. 54 Kila Nos. 14, 15, 16, 17 and 25 encroached upon by Randhir Singh after getting kikkar trees cut, embezzlement of sale proceeds of eucalyptus trees, embezzlement of sale proceeds of kikkar standing on Paharpur Minor Canal, keeping cash in hand beyond the prescribed limit, entry of forged receipts regarding hand pump, expenditure in respect of gifted hand pumps, auction of carcasses without quorum, non-convening gram sabha meeting and of failure to spend NRY money according to the scheme. Therefore, the respondent No. 1 in exercise of his powers under section 51(3) of the Haryana Panchayati Raj Act, 1994, vide his order dated 28.1.98 instituted regular enquiry against the appellant and vide his subsequent order dated 28.1.98, placed the appellant under suspension, in exercise of his powers under section 51(1)(b) of the Haryana Panchayati Raj Act, 1994. Aggrieved by the said suspension order this appeal has been preferred.

(2.) AN application on behalf of Nikka Ram, Up-Sarpanch has been presented with the prayer to implead him as respondent No. 3 in this appeal. Having heard the learned counsel for the parties the application is allowed in the interest of justice and consequently the applicant is arrayed as respondent No. 3 in this appeal.

(3.) IN reply the learned counsel for the respondent Nos. 1 and 2 argued that all the charges stand proved prima facie in view of the preliminary enquiry report. Concluding his reply he prayed for dismissal of the appeal with costs.