NARESH KUMAR SANGHI Vs. STATE OF HARYANA

JUDGEMENT

(1.) WHAT is challenged in this petition filed under Article 226 of the constitution is the order dated 7.4.1999 passed by the Director, Local Bodies, Haryana, Chandigarh suspending the petitioner from the office of President as well as member of the Municipal Council, Narnaul for a period of six months or till the conclusion of the inquiry or investigation pending against him whichever was earlier. Facts giving rise to this petition may first be noticed;

(2.) PETITIONER was elected Municipal Councillor from Ward No. 18, Municipal Council, Narnaul (for short the Council) in the elections held on 28.12.1994. Names of the elected members were notified in the official gazette on 24.1.1995 and they took oath of office on 3.2.1995. One Ashok Vohra a former Councillor made a complaint against the petitioner on 24.11.1995 alleging therein that a piece of land belonging to Zila Parishad was got registered by the petitioner in favour of one Kamla Devi on 30.12.1994 on the basis of a bogus power of attorney. Deputy Commissioner, Narnaul got the matter inquired into at his level and found the allegations prima-facie established. A recommendation was accordingly made to the Director, Local Bodies, Haryana for taking necessary action against the petitioner. The Director referred the matter to the State Government which appointed the Sub Divisional Magistrate, Narnaul as the Enquiry Officer to inquire into the charge levelled against the petitioner. After considering the inquiry report the State Government by order dated 24.3.1998 removed the petitioner from the membership of the council. The Government by a separate order directed the registration of a criminal case against the petitioner and accordingly F.I.R. No. 60 under sections 420/465/467/471 and 120-B Indian Penal Code was registered against the petitioner and others at Police Station, Narnaul which is under investigation. Petitioner filed civil writ petition 4789 of 1998 in this court challenging the order dated 24.3.1998 removing him from the membership of the Council. This writ petition was allowed by a Division Bench on 15.2.1999 on the ground that the State Government passed the order of removal without considering the reply filed by the petitioner. The case was remitted backs to the authorities for taking a fresh decision in accordance with law. The matter is still pending with the State Government. Meanwhile the Director exercising the powers under sections 14-A and 22-A of the Haryana Municipal Act, 1973 (as amended upto date and hereinafter called the Act) has by order dated 7.4.1999 placed the petitioner under suspension and it is this order which is now being impugned before us.