Allowed

Balbir Singh Pehal v. State of Haryana and Ors.

Punjab & Haryana HC6 Nov 2017CWP/15250/2017

Case brief

AI extract

What is this about?

The Court directed the Deputy Commissioner, Sonepat, to pass appropriate orders within two weeks upon the completion of the regular inquiry against a Sarpanch alleged to have contested on a fake certificate and misappropriated panchayat funds, noting the seriousness of the allegations disqualifies the inquiry officer from sitting on the matter.

What did the court decide?

Direction to the respondent to pass appropriate orders within two weeks upon completion of the regular inquiry.

Balbir Singh Pehal Vs State… — Constitutional and Fundamental Rights | Punjab & Haryana HC (2017)

¶1

Manoj Kumar 2017.11.07 16:24 I attest to the accuracy and integrity of this document

¶2

#1#

¶3

CWP No.15250 of 2017

¶4

IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH

¶5

CWP No.15250 of 2017 Date of Order: 06.11.2017

Balbir Singh Pehal

....Petitioner

Versus

State of Haryana and Ors.

¶10

....Respondents

¶11

CORAM: HON'BLE MR. JUSTICE RAKESH KUMAR JAIN

¶12

Present: Mr. Jagdish Manchanda, Advocate for the petitioner.

¶13

Mr. Saurabh Mohunta, DAG, Haryana.

¶14

Mr. Robin Singh, Advocate for respondent No.5.

¶15

RAKESH KUMAR JAIN, J (ORAL)

¶16

This petition is filed for seeking direction to respondent No.3 for taking necessary action in accordance with law against respondent No.5Sarpanch who had contested the election for the said post on fake Matriculation Certificate and holding inquiry for embezzlement of panchayat funds amounting to `42,24,348/-.

¶17

It is submitted that earlier respondent No.5 was placed under suspension but the said order has been set aside on appeal and the matter was remanded back to the Deputy Commissioner, Sonepat to pass necessary orders. The Deputy Commissioner has ordered for regular inquiry. It is further submitted that the said regular inquiry has been over but in the reply filed by the respondents it is averred that the regular inquiry is near completion.

¶18

I have heard learned counsel for the parties and after examining

¶19

#2#

¶20

CWP No.15250 of 2017

¶21

the record, am of the considered opinion that since the allegations levelled against respondent No.5 are quite serious in nature, therefore, the Deputy Commissioner, Sonepat-respondent No.3 cannot sit over this matter as it is required to be decided one way or the other much less after the completion of regular inquiry.

¶22

Thus, present petition is allowed and direction is issued to respondent No.3 to pass appropriate orders in accordance with law in case the regular inquiry is over. Needful shall be done within a period of two weeks from the receipt of certified copy of this order.

¶23

November 06, 2017	(RAKESH KUMAR JAIN )
manoj	JUDGE
Whether speaking/reaso	ned: Yes/No
Whether Reportable	: Yes/No

Balbir Singh Pehal v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

Balbir Singh Pehal v. State of Haryana and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Ishwar Singh Yadav Vs State of Haryana and Ors.

Suman Garg and Anr. Vs State Bank of Bikaner and Jaipur and Ors.

M/S Durga Rice Mills Vs Director, Department of Food, Civil Supplies and Others

Jagdambe Cooperative L/C Societies Ltd. Vs State of Punjab and Ors.

M/S Vinay Trade Links Vs Union of India & Ors.

Mahender Sharma Vs the Chief Canal Officer and Ors.