Remanded

Gram Panchayat, Akbarpur Khudal v. State of Punjab and Another

Punjab & Haryana HC20 Sept 2021CWP/18419/2021

Case brief

AI extract

What is this about?

High Court of Punjab and Haryana through video conference quashed an order directing a Gram Panchayat to refund disputed amounts. The Court held the order was passed without a hearing and remanded the matter for fresh proceedings after granting an opportunity to hear both parties within a week.

What did the court decide?

Impugned order dated 04.06.2021 set aside; matter remanded to Director for fresh order after hearing parties.

Gram Panchayat, Akbarpur Khudal Vs… — Pension and Retirement Benefits | Punjab & Haryana HC (2021)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT ASHOK KUMAR 2021.09.22 09:29 CHANDIGARH

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125 CWP-18419-2021 (O&M) Date of decision: 20.09.2021 GRAM PANCHAYAT, AKBARPUR KHUDAL ..Petitioner

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Versus

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STATE OF PUNJAB AND ANOTHER

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..Respondents

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CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

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Present: Mr. PS Khurana, Advocate for the petitioner. Ms. Kanica Sachdeva, AAG, Punjab, for respondent No.1. Mr. Harinder Singh, Advocate for respondent No.2. ***

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ANIL KSHETARPAL, J (Oral)

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The hearing of the case was held through video conferencing on

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account of restricted functioning of the Courts.

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The Gram Panchayat, Akbarpur Khudal, Tehsil and District

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Mansa, prays for issuance of a writ in the nature of certiorari to quash the order dated 04.06.2021 passed by the Director-cum-Secretary, Department of Rural Development and Panchayat, Punjab, whereby the Panchayat has been directed to refund the alleged embezzled amount of Rs.13,43,000/-. Respondent No.2 was appointed as the Administrator of the Gram Panchayat. There was a complaint with regard to embezzlement of the amount against respondent No.2 in which an FIR was registered. The Hon'ble Supreme Court, before granting the pre-arrest bail, directed respondent No.2 to deposit

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the embezzled amount in the account of the Gram Panchayat which has been

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duly complied with by respondent No.2. Now, by way of the impugned order,

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the Director has directed the Panchayat to refund the amount.

CWP-18419-2021 (O&M)

Notice of motion.

Ms. Kanica Sachdeva, AAG, Punjab, accepts notice for

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respondent No.1 and Mr. Harinder Singh, Advocate, accepts notice for respondent No.2.

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Service is complete.

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Learned counsel representing the parties does not dispute that

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the impugned order was passed by the Director without granting an opportunity of hearing to the petitioner (Gram Panchayat). Learned State counsel submits that the Director is prepared to pass a fresh order after granting an opportunity of hearing to the Gram Panchayat.

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Keeping in view the aforesaid facts, the order dated 04.06.2021

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is set aside. The Director, Rural Development and Panchayat, Punjab, is

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requested to pass a fresh order within a week after granting an opportunity of hearing to both the parties. The parties through their counsel are directed to appear before the Director, Rural Development and Panchayat, Punjab, on

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27.09.2021.

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Disposed of.

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All the pending miscellaneous application(s), if any, are also

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disposed of.

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20.09.2021 (ANIL KSHETARPAL) ashok JUDGE Whether speaking/reasoned : Yes/No Whether reportable : Yes/No

Gram Panchayat, Akbarpur Khudal v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

Gram Panchayat, Akbarpur Khudal v. State of Punjab and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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