AMRIK SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE writ petition challenges an order passed by the Secretary to the Government, Punjab, on 12.11.2008 and under terms of which, the Secretary has observed that an order passed already on 03.08.2006 seeking for recovery of Rs. 1,31,211/- could not have been done without notice and he has hastened to accept the petition filed by the gram panchayat. Simultaneously, the impugned order directs that the Block Development and Panchayat Officer shall recover the loss to the gram panchayat by initiating proceedings under Section 216 of the Punjab Panchayati Raj Act against the 2nd respondent therein, who is the petitioner before this Court.

(2.) SECTION 216 sets out the procedure for fixing a liability of members of panchayats and also sets out a procedure for recovery. Clause (2) of the said Section reads as follows:-