NARAIN SINGH Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) In this petition under Articles 226 and 227 of the Constitution of India, Shri Narain Singh challenges the validity of the order (Annexure D) of the Secretary, Panchayats, respondent No. 1, dated 26-8-1971, whereby the petitioner has been suspended from the office of the President. Gram Panchayat Salogra. The impugned order reads as under:-

(2.) The Secretary, Panchayats, filed his affidavit by way of written statement. They admitted the facts as given by the petitioner and also admitted the passing of the impugned order. It was contended by the respondent that there were serious charges of misconduct levelled by Smt. Bimla Devi and, therefore, he was justified to put the petitioner under suspension and it was averred that Section 54 of Act No. 19 of 1970 Act was applicable. It was further averred that it is not alone during the course of an enquiry that a Panch/Sarpanch can be placed under suspension. Instead a Panch/Sarpanch can be placed under suspension if the State Government or the Deputy Commissioner so thinks proper for any reason to be recorded in writing and that there was ample material recorded on the files of the department that there was a prima facie case of misconduct as regards his behaviour towards Smt. Bimla Devi which warranted his suspension. He has been charged for a heinous offence at a judicial trial by the learned Sub-Divisional Magistrate. The offence alleged and prima facie made out involves depravity of character. The intention behind Section 257 (d) is to define the term of office of those members of the Panchayats who were elected in accordance with the provisions of the repealed Act. The provisions of Section 257 (b) are explicit. They say that anything done or any action taken under any repealed Act shall, so far as may be, be deemed, unless the State Government directs otherwise to have been respectively, done or taken under the corresponding provisions of the Himachal Pradesh Panchayati Raj Act, 1968 (Act No. 19 of 1970).

(3.) The impugned order (Annexure D) says that an enquiry into the complaint filed by Smt. Bimla Devi is contemplated and, therefore, in terms of the provisions of Section 54 of the Himachal Pradesh Panchavati Raj Act. 1968 the Government ordered the suspension of said Shri Narain Singh, President of Gram Panchayat. Salogra with immediate effect. Sub-section (1) of S. 54 states that the State Government or the Deputy Commissioner may during the course of enquiry or if the State Government or the Deputy Commissioner so thinks proper for any reasons to be recorded in writing, otherwise, suspend a Panch in the prescribed manner, for which he can be removed. Hence the submission made by the learned counsel for the petitioner is that the enquiry is only contemplated and has not yet been initiated and that the Government cannot suspend a Panch unless the enquiry is actually started.