IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CWP. No. 15781 of 2009
Date of Decision: 14.10.2009.
Gurmail Singh --Petitioner
Versus
State of Punjab and others --Respondents
CORAM:- HON'BLE MR.JUSTICE PERMOD KOHLI.
Present:- Mr. V.K. Shukla, Advocate for the petitioner.
***
PERMOD KOHLI.J (ORAL)
Notice of motion to respondents no.1 to 4 only.
Mr. P.C. Goyal, Addl. A.G., Punjab has been asked to accept
notice on behalf of respondents. Copies furnished.
Keeping in view the nature of controversy, this petition is being
disposed of at the motion stage itself.
The respondent no.5 is the elected Panch of Gram Panchayat of
village Thathi Bhai, Tehsil Baghapurana, Distt. Moga. On the basis of
certain allegations made against the respondent no.5, an inquiry was
conducted by the Divisional Deputy Director, Rural Development and
Panchayat, Ferozepur, who concluded that the husband of respondent no.5
is in illegal possession of the land. On the basis of the aforesaid inquiry the
Director, Rural Development & Panchayat Department was required to pass
appropriate order. The Director vide order dated 9.7.2009 (Annexure P-6)
has exonerated the respondent no.5 from the allegations/charge. The
petitioner has filed this petition challenging the aforesaid order primarily on
the ground that the order impugned is totally non-speaking.
CWP. No. 15781 of 2009 -2-
I have perused the impugned order. Respondent no.2 while
passing the aforesaid order has not recorded any reason whatsoever for
exonerating the respondent no.5. The order is not sustainable in law.
In view of the above circumstances, this petition is allowed.
Impugned order (Annexure P-6) is hereby set aside and the matter is
remitted back to respondent no.2 with a direction to pass a fresh speaking
and reasoned order, taking into consideration the inquiry report etc. within a
period of three months from the date certified copy of this order is served
upon the said respondent.
(PERMOD KOHLI)
JUDGE
14.10.2009
lucky