Contempt petition filed alleging non-action on an enquiry report. The court found that appropriate action, including a warning and consignment of file, had already been taken based on the enquiry. Declared the petition infructuous.
Petition rendered infructuous; rule discharged.
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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
C.O.C.P. No. 532 of 2009 Date of Decision : May 19, 2009
Prithvi Singh
....Petitioner
Versus
Vijay Singh, IAS, Deputy Commissioner, Panipat.
.....Respondent
CORAM : HON'BLE MR. JUSTICE T.P.S. MANN
Present : Mr. J.C.Malik, Advocate Mr. S.K.Hooda, Senior Deputy Advocate General, Haryana
T.P.S. MANN, J. (Oral)
On 31.10.2008, while disposing of the writ petition filed by the petitioner and another, a Division Bench of the High Court directed the respondent to consider the enquiry report submitted by the Block Development and Panchayat Officer and to take a final decision on the same within a period of three months in accordance with law after providing opportunity of hearing to Shish Pal, Sarpanch.
According to the petitioner, the respondent did not take any final decision on the enquiry report, which necessitated the filing of the present contempt petition.
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Short reply has been filed by the respondent stating therein that enquiry report dated 29.6.2007 submitted by the Block Development and Panchayat Officer, has already been acted upon by issuing a warning to Shish Pal, Sarpanch.
Learned counsel for the petitioner submits that after the disposal of the writ petition filed by the petitioner and another, another enquiry was conducted by Block Development and Panchayat Officer, Panipat, who found the involvement of Shish Pal, Sarpanch on a number of charges. This report was submitted by the Block Development and Panchayat Officer, Panipat, on 29.6.2007 to the respondent. However, till date, no action has been taken by the respondent. On the basis of report dated 29.6.2007 submitted by the Block Development and Panchayat Officer, the respondent framed seven charges against Shish Pal but inspite of the same, no action has been taken against said Shish Pal and the file stands consigned to Records.
It is not in dispute that the earlier enquiry report submitted by the Block Development and Panchayat Officer has already been acted upon by the respondent vide order dated 29.6.2007 (Annexure R-1) by issuing a warning to Shish Pal. Even on the basis of subsequent enquiry, which was conducted by the Block Development and Panchayat Officer and on the basis of which seven charges were framed by the respondent against Shish Pal, the respondent has accepted the explanation submitted by said Shish Pal and ordered the consignment of the file on 27.2.2009.
In view of the fact that appropriate action has already been taken
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against Shish Pal, on the basis of the enquiry report submitted by the Block Development and Panchayat Officer, the present petition has been rendered infructuous and, therefore, disposed of. Rule is discharged.
However, the petitioner would be at liberty to challenge the order dated 27.2.2009 passed by the respondent in accordance with law, if so advised.
( T.P.S. MANN ) May 19, 2009 JUDGE ajay-1
1 issue framed by the court
Whether the present contempt petition regarding non-action on enquiry report was rendered infructuous by action already taken against the concerned Sarpanch.
Prithvi Singh
Vijay Singh
T.P.S. Mann
As recorded by the court registry
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