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1982 Supreme(P&H) 300

A.S.BAINS
Birdi Chand – Appellant
Versus
State Of Haryana – Respondent


Judgment

A.S.Bains, J.

1. The petitioner was a Panch of the Gram Panchayat, Thanvas, Tehsil Narnaul, District Mohindergarh. From 1964 to 1971, he was Sarpanch of the same Gram Panchayat. During this tenure, he made the construction of Pucca drains etc., in the village and an amount of Rs. 10,620/- was incurred on the same. The said amount was spent after obtaining the sanction from the members of the Gram Panchayat.

2. Respondent No. 2 issued a notice to the petitioner on 17.12.1973 under section 105(2) of the Punjab Gram Panchayat Act, 1952 (hereinafter called the Act) in which it was stated that an enquiry was conducted against the petitioner by the S.D.O. (Civil) Narnaul on the basis of a complaint against the petitioner and that after the said enquiry it was found that the petitioner had shown an excess expenditure of Rs. 5420/- on the construction of Pucca drains in the village and the petitioner was accordingly asked in the said notice to deposit the amount of Rs. 5420/- in the Panchayat Funds within seven days. The petitioner submitted his reply to the notice on 19.12.1973 and explained his position. On 13.6.1974, the petitioner again received a notice (Annexure P/3) from res





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