CHANDER KANTA Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for quashing of the orders dated 26.3.1999 and 7.6.1999 passed by the Deputy Commissioner, Bhiwani (respondent No. 2) and the Financial Commissioner and Secretary to Government of Haryana, Development and Panchayats Department (respondent No. 1) respectively leading to her removal from the office of Sarpanch, Gram Panchayat Achina, Tehsil Charkhi Dadri, District Bhawani.

(2.) The facts necessary for deciding this petition are that on receipt of a complaint that she had embezzled the funds of the Gram Panchayat, respondent No. 2 ordered an enquiry against the petitioner under Section 51(3) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act'). He appointed the Sub Divisional Officer (Civil), Charkhi Dadri (respondent No. 3) as Enquiry Officer. After making a detailed enquiry, respondent No. 3 submitted report Annexure P.1 with the finding that the petitioner is guilty of misusing Rs. 11,255/- from Panchayat fund. On receipt of the report, respondent No. 2 issued show cause notice to the petitioner proposing her removal from the office of Sarpanch. She filed a detailed reply to controvert the finding recorded by the enquiring authority. After considering the same along with the record of enquiry, respondent No. 2 passed order dated 26.3.1999 for the petitioner's removal from the office of Sarpanch. Her appeal has been dismissed by respondent No. 1 vide order dated 7.6.1999.

(3.) Shri Mani Ram Verma argued that the petitioner's removal is liable to be declared as nullity because the finding recorded by the enquiry officer is perverse. He submitted that while approving the finding recorded by the enquiring authority, respondents No. 1 and 2 did not correctly appreciate the points raised in the reply submitted by the petitioner in response to the show cause notice. He submitted that the appellate order should be quashed because respondent No. 1 decided the petitioner's appeal by holding her guilty of alleged mis-conduct which was not subject matter of enquiry.