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2010 Supreme(HP) 1200

KURIAN JOSEPH, RAJIV SHARMA
Ranjeet Singh – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Ajay Sharma, Advocate
For the Respondent:R.K. Bawa, Advocate General with Ankush Dass Sood, Addl. Advocate General, Ajeet Saklani, B.C. Negi, Advocate

JUDGMENT :

RAJIV SHARMA, J.

1. Since common questions of law and facts are involved in both these petitions, the same were taken up together for hearing and are being disposed of by a common judgment.

2. In order to adjudicate upon the legal issues involved in these petitions, we have taken the facts in extenso of CWP No. 357/2010.

3. Petitioner was elected Pradhan of the Gram Panchayat, Mawa Sindhian. A complaint was lodged against him on 4.9.2009. Block Development Officer was directed to look into the matter. He looked into the matter and submitted report to the Sub Divisional Magistrate on 21.10.2009. Sub Divisional Magistrate furnished report to the Deputy Commissioner on 27.10.2009. Deputy Commissioner directed the District Panchayat Officer on 20.11.2009 to take action against the petitioner. In these circumstances, a show cause notice was issued to the petitioner on 7.12.2009. Petitioner filed reply to the same on 21.12.2009. Thereafter vide office order dated 18.1.2010, petitioner was placed under suspension.

4. Mr. Ajay Sharma has vehemently argued that the impugned order dated 18.1.2010 is without jurisdiction, thus, liable to be set aside. According to him, petitioner could

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