Punjab-Haryana High Court
Gurpreet Singh, Panch vs State Of Punjab And Anr on 6 August, 2021
117
In the High Court of Punjab and Haryana, at Chandigarh
1. Civil Writ Petition No. 14949 of 2021
Gurpreet Singh
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
AND
2. Civil Writ Petition No. 14962 of 2021
Karamjit Kaur
... Petitioner(s)
Versus
State of Punjab and Others
... Respondent(s)
DATE OF DECISION: 06.08.2021
CORAM: Hon'ble Mr. Justice Anil Kshetarpal.
Present: Mr. Ashish Pal Kaushal, Advocate
for the petitioner(s).
Anil Kshetarpal, J.
1. Through this judgment, Civil Writ Petition No.14949 and 14962
of 2021, wherein identical relief has been sought, shall stand disposed of.
2. Notice of motion.
3. On the request of the Court, Ms. Kanica Sachdeva, Assistant
Advocate General, Punjab, accepts notice on behalf of the respondents.
4. Learned counsel representing the parties are ad idem that these
writ petitions can be disposed of in terms of the order dated 12.07.2021
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Civil Writ Petition No. 14962 of 2021
passed by this Court in "Sukhbir Kaur v. State of Punjab and Others"
(Civil Writ Petition No. 9787 of 2021), which reads as under:-
"The hearing of the case was held through video
conferencing on account of restricted functioning of the Courts.
The petitioner assails the correctness of the order
dated 21.09.2020 passed by the Director, Rural Development
and Panchayat, Punjab, which has been affirmed in appeal by
the Additional Chief Secretary on 01.04.2021. The petitioner is
an elected Sarpanch of Gram Panchayat, Dhurali, Block
Kharar, District SAS Nagar Mohali. She was placed under
suspension on 21.09.2020 on the allegations that she blocked
the passage of water through a culvert on account of earth
work in the cremation ground. She also facilitated the cutting of
2-3 trees standing in the village cremation ground.
The petitioner filed a reply by taking a stand that
the earth work was carried out in year 2018 by the youth club
before she was elected as a Sarpanch. She further contended
that there is no fresh blockage to the drain. She further took a
stand that certain branches of tree have fallen due to storm and
the same are lying on the plot.
It is not in dispute that the petitioner continues to
be under suspension for a period of approximately 10 months.
Notice of motion.
At the request of the Court, Ms. Sunint Kaur, AAG,
Punjab, accepts notice on behalf of the State of Punjab whereas
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Civil Writ Petition No. 14962 of 2021
Sh. B.S.Sidhu, Advocate, enters appearance on behalf of the
complainant-caveator.
Heard, learned counsel for the parties. It is not in
dispute that a regular inquiry ordered against the petitioner is
still pending. The petitioner has remained under suspension for
nearly a period of 10 months. An elected office bearer cannot
be kept under suspension indefinitely. Still further, the
suspension of an elected office bearer cannot be ordered in
routine. As per Part IX of the Constitution of India, Gram
Panchayats are envisioned to be the institutions of self
governance equated with the Legislature of the State. Still
further, prima facie the allegations against the petitioner do not
warrant her continuous suspension. The officials of the State
have no reason to keep the inquiry pending in order to oust the
office bearer in an indirect manner.
Keeping in view the aforesaid facts, the order of
suspension is set aside. However, it is directed that the regular
inquiry pending against the petitioner be completed
expeditiously. Needless to observe that the order passed by this
Court shall have no bearing on the final order to be passed by
the competent authority on receipt of the inquiry report.
Disposed of.
All the pending miscellaneous applications, if any,
also stand disposed of".
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Civil Writ Petition No. 14962 of 2021
4. Keeping in view the aforesaid facts, both these writ petitions are
allowed in the same terms as in Sukhbir Kaur's case (supra).
(Anil Kshetarpal)
Judge
August 06, 2021
"DK"
Whether speaking/reasoned :Yes/No
Whether reportable : Yes/No
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