HAWA SINGH SARPANCH Vs. STATE OF HARYANA

JUDGEMENT

(1.) The petitioner has prayed for quashing of the orders dated 29.10.1998 and 12/19.4.1999 passed by the Deputy Commissioner, Panipat (respondent No. 3) and the Financial Commissioner and Secretary to Government of Haryana, Development and Panchayat Department (respondent No. 2) respectively under Sections 51(3) and 51(5) of the Haryana Panchayati Raj Act, 1994 (hereinafter referred to as 'the Act').

(2.) The petitioner was elected as Sarpanch of Gram Panchayat, Behrampur, Tehsil Bapoli, District Panipat in 1994. On receipt of the complaint made by respondent No. 4 and some other Panches. respondent No. 3 asked the Assistant Collector, Ist Grade, Panipat to make a preliminary enquiry into the allegations levelled against the petitioner. After considering the report of preliminary enquiry, respondent No. 3 issued notice dated 20.4.1998 to the petitioner requiring him to show cause against the initiation of regular enquiry and in view of the adverse findings recorded in the regular enquiry, he passed order dated 29.10.1998 under Section 5(3) removing the petitioner from the post of Sarpanch. The appeal preferred by him under Section 51(5) of the Act has been rejected by respondent No. 2.

(3.) The petitioner has challenged the legality and correctness of the impugned orders on various grounds including the one of violation of the principles of natural justice. He has specifically averred that the appellate order is a non-speaking order and as such, it is liable to be quashed.