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2010 Supreme(P&H) 1523

MUKUL MUDGAL, ASHUTOSH MOHUNTA, JASBIR SINGH
Dhup Singh – Appellant
Versus
Phulla Ram – Respondent


Judgment

Mukul Mudgal, J.

1. This reference to the Full Bench has arisen by virtue of an order dated 16.11.1987 passed by a Division Bench. The said referral order reads as follow:-

"There is a clear cleavage of judicial opinion between the decisions of the two Division Benches reported as Suresh Chand and others v. Director of Panchayats, Haryana and others, 1 1979 P.L.J. 116 and Ram Saroop v. The Director of Panchayats Haryana, Chandigarh and others, 1983 P.L.J. 350, on the point as to whether before revoking a suspension order passed against a Panch or a Sarpanch of a Gram Panchayat, it is necessary to hear the complainant on whose complaint the order of suspension has been passed. Admitted. We direct that the papers of this case be placed before Honble the Chief Justice for decision by a larger Bench."

2. The referral order shows that the issue referred to the Full Bench for consideration is as to whether before revoking a suspension order passed against a Panch or a Sarpanch of a Gram Panchayat, it is necessary to hear the complainant on whose complaint the order of suspension had been passed?.

3. No one is present on behalf of the petitioner. However, we have gone through the





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