PREM KUMAR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) The petitioner was elected as Pradhan of the Gram Panchayat, Kungrath, Tehsil and District Una, in Nov.-Dec. 1978 after defeating Shri Tarsem Singh, respondent No. 5. Thereafter Tarsem Singh reported to the Deputy Commissioner as well as to the State Government that the petitioner has been convicted under SECTION 16 (1) of the Prevention of Food Adulteration Act on 9th Sept. 1979 by the Chief Judicial Magistrate, Una. The Deputy Commissioner proceeded to suspend the petitioner by his order dated 9th Nov. 1979 (Annexure 'A'). Another notice was served on the petitioner calling upon him to show cause why he should not be removed under the provisions of Section 9 (5) (b) and (c) of the Himachal Pradesh Panchayati Raj Act, 1968 because of the aforementioned conviction (Annexure 'B'). The petitioner immediately asked the Deputy Commissioner to supply him with a copy of the complaint filed by Tarsem Singh, However, it was not done.

(2.) The petitioner moved the present petition challenging his suspension (Annexure 'A') as well as the show cause notice (Annexure 'B') served on him.

(3.) The State put in appearance on 4th March 1980. The Advocate General appeared for respondents Nos. 1 to 4. Mr. M. L. Sharma Advocate, appeared for respondent No. 5. By an order dated 10th March 1980 we directed that the enquiry proceedings against the petitioner be completed expeditiously and the final order be announced within two months, but nothing happened. 3-A. When the matter came up on 26th May 1980 for admission, the learned Advocate General submitted that he was ready to argue the whole petition as it was and in case we came to the conclusion that the petition be admitted then it should be straightway allowed. In these circumstances the matter was adjourned for today. We are proceeding to decide the petition as a whole after admission as desired by the parties.