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IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
HON'BLE MR. JUSTICE AJAY MOHAN GOEL
Manjusha Narwal – Appellant
Versus
State of Himachal Pradesh – Respondent
JUDGMENT :
Ajay Mohan Goel, J.
By way of this petition, the petitioner has, inter alia, prayed for the following reliefs:-
“i) Issue a Writ of Certiorari or any other appropriate writ, order, or direction, quashing the suspension order dated 16.10.2023 (Annexure P-1) issued by the Respondent.
ii) Restrain the Respondent from taking any further action against Smt. Manjusha Narwal, the Gram Panchayat Pradhan of GP Neri, based on the same set of facts and allegations.”
2. Annexure P-1, dated 16.10.2023, is the order of suspension passed by the Statutory Authority in exercise of powervested in it under Section 145 (1) (c) of the Himachal Pradesh Panchayati Raj Act, 1994 read alongwith Rule 142(1) (a) of the Himachal Pradesh Panchayati Raj (General) Rules, 1997.
3. On a query put to learned counsel for the petitioner as to why the petitioner has not invoked the statutory remedies available in law against the order impugned, learned counsel for the petitioner submitted that this is for the reason that in this case the Authority has violated the principles of natural justice while passing order dated 16.10.2023. Learned counsel further submitted that the impugned order being a non-speaking orde
A party must exhaust statutory remedies before invoking writ jurisdiction, and claims of natural justice violations must be substantiated.
Suspension of elected office bearer without opportunity of hearing violates mandatory statutory provision, rendering order void ab initio, with liberty to proceed afresh in accordance with law.
The Appellate Authority exceeded its jurisdiction by ordering a fresh inquiry while an existing inquiry was ongoing, violating the scope of its review.
Suspension of an elected official is deemed revoked if the inquiry is not completed within six months as mandated by law.
Administrative bodies must provide clear justifications for suspension orders and act expediently in processing appeals to ensure fairness.
Appellate authorities must decide suspension appeals of elected public representatives on merits rather than vacating interim stays in ways rendering appeals infructuous, adopting pragmatic, sensitiv....
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